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  JP Rentals Answers Landlords Questions

MASSACHUSETTS NEW CARBON MONOXIDE LAW:
WHAT LANDLORDS NEED TO KNOW ACCORDING TO MA REALTORS ASSOCIATION
(Information is available for MA REALTORS® and homeowners at www.marealtor.com)*****SEE RED BELOW
On March 31, 2006, all residential dwellings in the Commonwealth equipped with fuel burning equipment that produce
carbon monoxide or which have enclosed parking (a garage) adjacent to living areas will be required to have Carbon
Monoxide detectors installed. The law, and the regulations that implement it, apply to ALL residential units. Landlords
should review the statute and regulations and check with the local fire department to ensure ongoing compliance. The
statute and the regulations may be viewed in the legal section at www.marealtor.com. It is believed these requirements will
be written into the sanitary code as well.

Below are some frequently asked questions by landlords and property managers:


What is carbon monoxide (CO) and how is it produced in residential units?


Carbon monoxide (CO) is a colorless, odorless, poisonous gas. Appliances fueled with natural gas, liquefied petroleum (LP
gas), oil, kerosene, coal, or wood may produce CO. The federal government estimates that over 500 people in the United
States die unintentionally every year from CO. Thousands of people go to hospital emergency rooms for treatment for CO
poisoning.

As a landlord in the Commonwealth, what do I need to do to comply with this new law?


Prior to March 31, 2006 you must install a carbon monoxide detector on every level of the dwelling, excluding unfinished
basements, attics and crawl spaces, unless you meet the requirements for what is called “alternative compliance” (explained below.)


Detectors that are installed on levels of the dwelling which contain sleeping areas must be placed within ten feet of
the bedroom door; therefore some units may require more than one detector on certain levels.
.
*****Mass fire inspectors are not in agreement with where detectors should be placed. My inspector on a recent inspection told me that CO sinks, while smoke rises so CO detectors may be required to be placed lower on the wall. He recommended waiting until all discussions have ended and agreement on placement is reached.I concur and will update this site as soon as more is revealed.

What kind of Carbon Monoxide Detectors must I install in my units & how should I install a Carbon
Monoxide Detector?


The law provides a choice to landlords regarding compliance. The first option is installation of a single station CO detector,
by March 31, 2006, which is either battery operated, plug-in with battery back-up, wireless detectors, a combination
smoke/carbon monoxide detector, or hard-wired detectors. These detectors must be in compliance with Underwriter
Laboratories (UL) standard 2034. The package the detector is sold in will indicate whether it meets this standard. CO alarms
should be installed according to the manufacturer's instructions. Note: There are specific requirements for combination alarms, before purchasing one please review the requirements of combination alarms with your local fire department.*****Mass fire inspectors are not in agreement with where detectors should be placed. My inspector on a recent inspection told me that CO sinks, while smoke rises so CO detectors may be required to be placed lower on the wall. He recommended waiting until all discussions have ended and agreement on placement is reached.I concur and will update this site as soon as more is revealed.

The second option is what is known as “alternative compliance.” This regulation will really only apply to large unit owners
with central heating or cooling systems that restrict the flow of air (and CO) to the units. Specifically the regulations require the owner to install a sophisticated alarm system with specific monitoring and alarming transmission requirements which
must accompany approval from the fire department. Owners wishing to utilize the second compliance option must notify the
head of the local fire department by March 31, 2006 and will then be expected to complete the necessary installation by
January 1, 2007 and allow the fire department inspection to verify compliance. Like its inspections for smoke detectors, the
local fire department is required to inspect each dwelling for compliance with the carbon monoxide law before sale.
Are there additional responsibilities for landlords?
Yes. All landlords, owners, or property managers shall at a minimum, maintain, test, repair or replace, if necessary, every
carbon monoxide detector upon renewal of any lease term for all units or on an annual basis, whichever is more frequent.
Further, all CO detector batteries must be replaced on an annual basis by the landlord, owner or property manager.
*This publication is provided as a service to members of the Massachusetts Association of REALTORS® and is intended for
educational use only. Opinion or suggestions in this publication do not necessarily represent the official policies or positions of the
Massachusetts Association of REALTORS®. The Massachusetts Association of REALTORS® does not accept responsibility for
any misinterpretation or misapplication by the reader of the information contained in this article. The publishing of this material
does not constitute the practice of law nor does it attempt to provide legal advice concerning any specific factual situation. FOR
ADVICE ON SPECIFIC LEGAL PROBLEMS CONSULT LEGAL COUNSEL. Last revised 2/06/06

When should I send out notices to my tenants and how should I do that?

In this market, for any lease expiration,you should start asking your tenants if they are staying AT LEAST two months before the lease runs out, and be prepared to sign new leases or list the apartment for re-rental. Good tenants give their landlords notice before they move, so those tenants look two months before they are moving. The tenants you want are the ones that will honor their obligation to their current landlord with a decent (30 day) notice and these are the tenants that look early. If you have good tenants,by all means keep them. We can help you with notices, if you need help. Otherwise a phone call followed by a letter and new lease to be signed by a certain date is often sufficient. Legally you should deliver by constable, but if your tenants are staying, just get them a new lease quickly. If they are leaving, get it in writing. We will start showing the apartment for re-rental immediately.

What is a la carte in Rentals?<>

Basically,whatever you need, we can do. If you just need a credit check, we charge $25.00 per application. If you need a lease, we will do it for you for another $25.00. If you need us to advertise and show your apartment to find you tenants, we charge a half month's rent from beginnibg to completed rental. We also do renewals, at a cost of $75.00 per lease and constable delivered termination. Call us. We can do the job you need for a flat fee. We can call your tenants, too, to find out who is not staying and who wants to renew. We will work with you to provide the services you need at the time you need it.

Do I have to give my tenants 24 hour notice to enter their apartment?

NO ! YOU AND YOUR AGENTS HAVE THE LEGAL RIGHT TO ENTER WITH NO NOTICE FOR THE FOLLOWING REASONS: Repairs, Inspection and To Show prospective tenants.It is common courtesy to give tennants as much notice as possible, but it is not always possible to give 24 hour notice, and it is not the law.

How do I rent my apartment in a down market?

Fix it up , lower the rent and pay as much of the fee as you can.

If you were lucky enough to re-finance at a low rate this summer, by all means re-invest it in your property!I am not saying you will get the high rents of the recent boom (you will probably get substantially less)but you will get a good tenant! That is worth a lot these days and there is a lot of competition on the market.

We are in an economic downturn and the same tenants, qualified, good tenants, who could pay the high rents are making less money and still want a nice apartment. To maintain your quality of tenant you must offer a quality property for rent. There is tons of competition!

Should I put laundry in?

One deal breaker we have found is laundry. Tenants want laundry on the premises. That was not the case four years ago in the price range that people expect laundry now. If you cannot install laundry, let them use your laundry in the basement. The $50-$75 difference in rent that you get will more than pay for it.

How far should I go in fixing up my apartment?

I would say that just sanding the floors and painting it is a huge help if you do not have the resources to do more. Don't forget, you will probably be making less than you did so calculate your expenditures accordingly. That fresh look to an apartment makes a huge difference! If you can add a dishwasher and disposal, by all means do! Oh, and please supply a refrigerator, even a used one. People do not drag their refrigerators around any more. They buy a condo or house and then they buy a refrigerator, not the other way around.

How is the vacancy rate?

It is all relative. We have held our own in Jamaica Plain as far as vacancies go. Other areas of the city are suffering much more than we are, but there are apartments that were just overpriced all summer and missed the rental season. The winter is the worst time to try to rent an apartment. If you get a vacancy, make sure you get a lease from your next tenants until at least June. We always try to lease our landlords up through winter for this reason. Overall, Jamaica Plain is still the best place to live in the City. We attract a diverse group of people and our vacancy rate remains lower than the National average.

Is it true I can charge my tenants for water usage under the new law?

The simple answer is yes but it is a complicated prospect. If you own a single family house that you rent, you can charge the tenants for the water they use ( per meter) and that will be in the lease used for single family houses. That is because the water is separately metered to the house. If you own a multi family dwelling BEWARE! You must comply with the new law to the t...which means a seoarate meter for each unit, every water saver appliance must be installed and the meter, tank and faucets/sinks/toilets etc. must be inspected and found in compliance with the new , very explicit law! It is not simple, but doable.

if you have questions please contact us and we will be glad to answer them for you.

 

WE ANSWER TO YOU! 617-524-2787


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