My question involves landlord-tenant law in the State of: Massachusetts
My wife and I are currently renting, and looking to upgrade our rental from a duplex to a single family house. My wife is a veterinarian, so naturally we have a good number of pets. 3 dogs, and 2 cats. I know that this will make renting tough.
There were very limited properties on the market that served our needs: Single family, 3 bedrooms, garage + additional off street parking and pet friendly. In the towns we are looking to rent there is really only 1 property that we liked and wanted to move in to.
The landlords were hesitant to rent with as many pets as we have, but my wife and I are willing to offer an additional $5,000 pet deposit, which the landlords theoretically accepted, but we're not sure how to make it legal.
Mass limits up front costs to 1st + last + 1 month security + key fees. The landlords are only willing to rent to us with the additional $5k on top of the 1 month security. at $2,400 a month, the MA max up front is $7,200 + key fees. We are wanting to offer $12,200 up front. $2,400 1st month, $2,400 last month, $2,400 security + $5,000 pet + key fees.
The broker is not willing to add the $5,000 pet deposit into the lease because it's illegal (understandable on her part).
The only solution we have so far, is for my wife and I and the landlords to enter into a side agreement, off record that we will pay an additional $5,000 as a pet deposit which would be returned at the end of the lease barring any pet damage but naturally that would be an honor system agreement and we wouldn't have a guarantee that they would return the money. Conversely, the landlords won't rent to us without it, because they have no guarantee against pet damage without having to pursue us in court.
Is there any type of rider clause that can be added to the lease which would allow us to put up an extra $5k, returned at the end of the lease barring damage with vague enough language that it doesn't read as a security deposit. Alternatively, is there any way to enter a side agreement with the landlords, separate from the lease that legally protects both parties while assuring that the $5k is offered as a deposit against pet damage and would be returned at the termination of the lease? If it's an entirely separate legal agreement that references the lease we're entering, does that get us around the security deposit maximums or is it sill dangerous legal ground since it's money being held against damage in a lease so legally the $5k could be combined with the $2,400 security in a lawsuit?
We want to give the landlord the deposit, so we can rent there but the landlord wants to be protected against any potential litigation we could impose (though we wouldn't) because they technically exceeded the legal maximum.
My wife and I are currently renting, and looking to upgrade our rental from a duplex to a single family house. My wife is a veterinarian, so naturally we have a good number of pets. 3 dogs, and 2 cats. I know that this will make renting tough.
There were very limited properties on the market that served our needs: Single family, 3 bedrooms, garage + additional off street parking and pet friendly. In the towns we are looking to rent there is really only 1 property that we liked and wanted to move in to.
The landlords were hesitant to rent with as many pets as we have, but my wife and I are willing to offer an additional $5,000 pet deposit, which the landlords theoretically accepted, but we're not sure how to make it legal.
Mass limits up front costs to 1st + last + 1 month security + key fees. The landlords are only willing to rent to us with the additional $5k on top of the 1 month security. at $2,400 a month, the MA max up front is $7,200 + key fees. We are wanting to offer $12,200 up front. $2,400 1st month, $2,400 last month, $2,400 security + $5,000 pet + key fees.
The broker is not willing to add the $5,000 pet deposit into the lease because it's illegal (understandable on her part).
The only solution we have so far, is for my wife and I and the landlords to enter into a side agreement, off record that we will pay an additional $5,000 as a pet deposit which would be returned at the end of the lease barring any pet damage but naturally that would be an honor system agreement and we wouldn't have a guarantee that they would return the money. Conversely, the landlords won't rent to us without it, because they have no guarantee against pet damage without having to pursue us in court.
Is there any type of rider clause that can be added to the lease which would allow us to put up an extra $5k, returned at the end of the lease barring damage with vague enough language that it doesn't read as a security deposit. Alternatively, is there any way to enter a side agreement with the landlords, separate from the lease that legally protects both parties while assuring that the $5k is offered as a deposit against pet damage and would be returned at the termination of the lease? If it's an entirely separate legal agreement that references the lease we're entering, does that get us around the security deposit maximums or is it sill dangerous legal ground since it's money being held against damage in a lease so legally the $5k could be combined with the $2,400 security in a lawsuit?
We want to give the landlord the deposit, so we can rent there but the landlord wants to be protected against any potential litigation we could impose (though we wouldn't) because they technically exceeded the legal maximum.
Pets: Maximum Security Deposit Laws and Additional Pet Deposits
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