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Additional Details
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Melissa B | Can my landlord move in to the building I am renting from without telling me? |
I am currently renting the first floor of a house, and another gentleman is renting the second floor. I have noticed recently that our landlord's vehicle (and her girlfriend's) have been present in our circular driveway day in and day out and the lights are on up in the attic every night. I am also not positive if there is a third electric meter present. I have only noticed 2 and one on the garage next to us. Could it be possible that she is running off of our electricity? Also doesn't she need to notify me if she will be present on a constant basis? When we signed the lease she had stated she is only there every so often and too busy elsewhere to always be around.
One last thing, I have been reading that it is required by law for her to provide me with a receipt from the security deposit showing that she deposited it into an interest bearing account, the amount, bank name, and account number. She has not done so and I do not believe she will and I have lived there for 4 months now
Additional Details
According to the Massachusetts State Tenant Rights, I do have the right to a receipt with the bank information of the deposit and the amount. Up to 5% interest is due back to me after living there for 1 year.
http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Housing+Information&L3=Tenant+%26+Landlord&sid=Eoca&b=terminalcontent&f=tenants_rights_and_responsibilities&csid=Eoca |
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Beth
|
The landlord can occupy the propery, but not your specific rented space.
To find out about the power, switch off your main breaker when the lights are on in the attic. If they go off, contact your electric company and complain. You may want to contact your local Dept of Consumer Affairs (617) 973-8700.
As for the rest...here's the law in your state:
M.G.L Chap 186 Sec 15B
§1(c) No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due.
§3(a)Any security deposit received...shall be held in a separate, interest-bearing account in a bank, located within the commonwealth...A receipt shall be given to the tenant within thirty days after such deposit is received by the lessor which receipt shall indicate the name and location of the bank in which the security deposit has been deposited and the amount and account number of said deposit. Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit.
§3(b) A lessor...who holds a security deposit pursuant to this section for a period of one year or longer from the commencement of the term of the tenancy shall, beginning with the first day of the tenancy, pay interest at the rate of five per cent per year, or other such lesser amount of interest as has been received from the bank where the deposit has been held payable to the tenant at the end of each year of the tenancy.
In short, NEVER pay cash without a receipt for every single penny that changes hands. Keep those receipts!
One final bit of advise...take these questions to the Mass State Housing Authority (800) 327-9158. |
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ticketoride04
 |
according to the statutes, you've read them and they stand true, however, the LL can't use the bldg as his own, using your utilities, unless they are separated from the actual tenants meters. Further, if he rented you the space in the attic or parking spaces, the LL can't use that as his own.
Additionally, if the LL has no access to the attic other than through your rented spaces, whether it be the upper tenants or yours, he may not use the attic for a residence. If the LL is using the attic as an apt for rent and has not yet had the attic approved for occupancy by the county or jurisdiction that oversees that dwelling, the LL is in violation of an infraction and can be sited for the usage. |
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spnkitman
 |
They are not required to show you where the deposit money is, but they must provide you with a statement every year showing you what the interest is and give you a chance to take the interest in cash.
If you are concerned about the meters and you pay your own bills then all you need to do is next time you see the power on in the attic, shut off your power and you will know right away if they are using your electricity.
If they are now living in the attic and they represented on your lease that it was a 2 family house then they might be using the attic illegally. but realistically speaking, if you are a renter and don't like what is going on then you should just plan to move when your lease is up. |
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jerryguy
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The landlord owns the house! They can be there whenever they please without notifying anyone. As for the security deposit, check the language on your lease. The canceled check also serves as a receipt. |
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Ask M
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then when you move out, you can sue her for the interest,
as far as the rest, you can have the electric company check,
so it is her place, she can stay on the third floor (providing it is zoned properly and legal) But her comings and goings
is none of your business, just like your comings and goings
are none of hers. |
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TheMom
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Your landlord does not need your permission to reside in one of their own units. That is absurd.
Only one state requires that deposits go into an account. I think it is New Jersey, but I may be mistaken. But, I do not think she has to account to you until you leave. Her fee (she gets to keep some of the interest) should all be in your lease. |
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Gerald
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Call electric company and ask if the attic utilities are on your meter... You did get a receipt for the deposit--right??? Just not a bank deposit... Your land keeper can move in ... They do not have to tell you.... As long as they are not in you part of the house--everything is cool...Stay out of her way and she will stay out of yours...ask for the bank receipt again...or write a letter... |
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Dr. Deth
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there's no law against a landlord living in their own property. I have never in 20+ yrs of renting ever gotten bank info for where my security deposit was put. - never even heard of that concept - your check should be your receipt. |
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JESSIE
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i would have to agree with Dr.Deth...if the landlord wants to move on there property they do not need to give notice. as far as the security deposit i have never heard of that either, if it was deposited as long as you put on the check that it was for a deposit and you know it was deposited by your landlord then your check would be your reciept. if i was given to her in cash then i would suggest you try to get a receipt and a letter from her that states that you paid that way. as far as the electricity goes ...have you noticed a change in your bill, all of a sudden has it gone up since the landlord or the girlfriend been staying there?? has the neighbor complained that there bill is kind of strange since they moved in?? if she demands everything in cash then i suggest you get that in writting. every time you pay rent does she record that in a book?? how does she keep track if you paid rent or not??
if you are late paying rent and she gave you a written agreement that states that you are to pay a penalty fee should you be late and you signed it then you acknowledged the penalty and that could be use against you. i would suggest you get everything in writting from the landlord for your records and keep a log of your own that states when you paid your rent for example date time and the amount paid
another suggestion if you are having other problems besides this get out of there as fast as you can.
good luck |
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I_Love_McRedneck
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She can live there if she wants, but if you notice your utilities increasing, you should provide proof of your annual usage and ask that she pay the difference. Ask HER to prove she's paying her own utilities. If not, that could be considered fraud and you could take her to court.
She wants cash, but you should ALWAYS ask for a receipt.
Good luck getting interest from her. I've never seen a landlord do that. What bank do you use when you get 5% interest? It's more like 2% for most people. It's not worth the hassle for 2%.
If you're not doing anything wrong, then you shouldn't care where she is or what she's doing. |
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deepak_masta
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No, The landlord cannot move in without your permission. As far as Electricity is concerned, Please switch off the mains when you go out. and lock the doors. This will prevent them from using your electricity. |
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