MA Rental Process

When Representing the Tenant:

1. At first personal meeting have the potential tenant sign this Tenant Brokerage Fee Disclosure.  This is used instead of an agency disclosure when representing tenants.  You only have to use this form if you will be charging the tenant a fee.  If you will not be charging them a fee (if you will just accept whatever is offered in mls) then you don’t need to get this form signed.

2. Show the tenant properties

3. Once the tenant finds a property they like, find out if there was a lead paint paint notification filled out by the landlord and request a copy.  This is a required document for properties built before 1978 and should look like THIS.

4. If the tenant is satisfied with the Lead Paint Notification and would like to move forward, ask the listing agent what the application process is.  Typically they will just give you an application which your tenant must fill out and submit

5. If your client is picked they will have to follow the next steps of the landlord’s move in process.  WE DO NOT REVIEW LEASES AND YOU SHOULD RECOMMEND IN WRITING THAT THE TENANT CONSULT WITH AN ATTORNEY PRIOR TO SIGNING A LEASE. Most tenants will not do this, but you should recommend it.

6. In order to get compensated by the brokerage, your online file must include fully executed copies of the following documents:

   • Tenant Brokerage Fee Disclosure

   • Lease

   • Lead Paint Notification (if built before 1978)

   • MA & CT Company Level ROVI Homes Affiliated Business Arrangement Disclosure Agreement

When Representing the Landlord:

1. Explain to the seller that you are only doing the marketing and providing initial documents. We do not participate in tenant selection or any of the steps after tenant selection. An email like this will suffice:

Here is a guide for the initial documents you need, as well as the steps to take for tenant selection. 

Please remember we are only responsible for advertising the property and providing information to potential tenants. YOU ARE FULLY RESPONSIBLE FOR TENANT SELECTION AND MAKING SURE THE CORRECT DOCUMENTS AND PROCEDURES ARE FOLLOWED FOR MOVING A TENANT IN.  WE STRONGLY URGE YOU TO CONSULT WITH AN ATTORNEY WHO IS FAMILIAR WITH THE RENTAL HOUSING LAWS IN MASSACHUSETTS PRIOR TO SELECTING AND MOVING A TENANT IN.

• We only represent landlords who are in full compliance with the MA Lead Laws. If your property was built prior to 1978, you must provide us with lead compliance certificates. 

• You must provide an application that has been reviewed by your attorney for me to distribute to all tenants or their agents. Click here for a sample that has been provided by the Massachusetts Association of Realtors. If your attorney has approved this document, please let me know.

• Again, you will be responsible for tenant selection. I will provide you with all applications for your review. Please make sure you follow the MA Fair Housing Guidelines when selecting your tenant. You can review those guidelines by clicking here.

• You will be responsible for doing your due diligence on each tenant. Here are some sites you can use to do credit and background checks: www.tenantreports.com or www.tenantverify.net.

• Call your insurance provider to make sure you have a rental policy on your dwelling. If you do not, you should change to one.

Once you have selected a tenant, I will provide you with the next steps in the process for you to review with your attorney.

2. If they are ok with this arrangement, get the following documents signed:

    Exclusive Right to Lease - Residential

    Tenant Lead Law Notification

    Consent to  Electronic Signature - Rental Docs

    MA & CT Company Level ROVI Affiliated Business Arrangement Disclosure Agreement

1. Post the property for rent in MLS and Craigslist

2. Provide the landlord with THIS Fair Housing Document. Make sure all applications are sent directly to landlord.  We do not want to collect or review those applications.

3. Once the landlord notifies you that a tenant has been selected, let them know about some of the next steps with an email like this.   Please note we do not help with any of these steps, we are simply providing this as a courtesy. 

Hello,

Now that you have selected a tenant, here is a guide to the documents and steps you will need to take to move that tenant in. PLEASE REMEMBER YOU ARE FULLY RESPONSIBLE FOR MAKING SURE THE CORRECT DOCUMENTS AND PROCEDURES ARE FOLLOWED FOR MOVING A TENANT IN.  WE STRONGLY URGE YOU TO CONSULT WITH AN ATTORNEY WHO IS FAMILIAR WITH THE RENTAL HOUSING LAWS IN MASSACHUSETTS PRIOR TO MOVING A TENANT IN.

At the Move-In Meeting with the tenant, we recommend you do the following:

1. Have your attorney provide you with a lease for residential property in Massachusetts and have the tenant sign it.

2. Consider changing the locks on the property to protect yourself from any liability regarding providing a secure property.

3. Provide tenant with the following documents, you can click on each for a sample:

   • Tenant Lead Law Packet & Tenant Certification Form (tenant must sign this one)

   • Lead Paint Pamphlet - Protect Your Family From Lead in Your Home for Properties built before 1978.

4. Provide tenant with any lead paint inspection reports or certifications you have for the property that should have been outlined on the lead paint tenant certification form.

5. Collect first month and security deposit (certified check or money order). If you are requiring last month’s rent, collect that also.

6. Click here for a receipt document you should complete, sign and provide a copy to your tenant.

7. Make sure to do a video walkthrough with the tenants where you state the address, date, tenant's name (make sure they are in the video) and document the condition of the ceiling, walls and floors of every room. Then click here for the Statement of Condition Form that you must have the tenant complete, as it is a MA requirement.

8. Have the tenant fill out and sign a W-9 Form and add date of birth. You will need this to open up escrow accounts with your bank. 

9. Give tenant keys, and make sure you have a copy in case they get locked out.

After the Move-In Meeting:

6. File all documents and video from the move-in and send copies to your tenant.

7. Mark your calendar for a “check-in” with your tenant the following week.

8. Set Up escrow accounts for security deposit and last month's rent. This is required in the state of Massachusetts.

9. Click here for a notification that you must send to the tenant about their security deposit. We recommend you add information about last month's rent if you collected it.  

10. Mark your calendar to release the interest on escrow for one year from the move in date. This is a requirement in the state of Massachusetts. You can review the laws for security deposits on the MA site here.

11. Mark your calendar to call utility companies one week after tenant moves in to ensure gas and electric are in tenant's name.

12. In order to get compensated by the brokerage, your online file must include fully executed copies of the following documents:

• Exclusive Right to Lease - Residential

• Lease

• Lead Paint packet with signature page (properties built before 1978)

• Statement of Condition

• Receipt of 1st, Last and Security

• Notice of bank holding security deposits