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How to Oppose an Application for Preliminary Injunction in Massachusetts

By Robert Nislick You are a Massachusetts resident or businessperson. Someone has just filed a lawsuit against you. A sheriff or constable comes to your home or place of business and serves you with a large stack of documents. The papers may include a civil action cover sheet, a summons, an order of notice, aContinue reading How to Oppose an Application for Preliminary Injunction in Massachusetts

Extension of Harassment Prevention Orders

Suppose that you were suffering harassment by neighbor, a co-worker, a former friend, or a business rival. After deciding that you were sick and tired of suffering this harassment, you went to the district court and filled out forms including a Complaint for Protection From Harassment and an Affidavit. The court held a hearing andContinue reading Extension of Harassment Prevention Orders

Returning A Security Deposit When The Landlord Has Violated The Security Deposit Act Prior to Evicting the Tenant

By Robert Nislick   You are a Massachusetts landlord. When you leased your premises, you took a security deposit from your tenant. Unfortunately, you did not comply with the very strict requirements set forth in the Security Deposit Act. Perhaps, for example, you failed to deposit the funds in a separate, interest-bearing account in aContinue reading Returning A Security Deposit When The Landlord Has Violated The Security Deposit Act Prior to Evicting the Tenant

Navigating the Two-Year Waiting Period on Unfavorable Special Permit and Variance Applications in Under the Massachusetts Zoning Act

By Robert Nislick You are a Massachusetts landowner and would like to develop or improve your property. You have applied or appealed to your town’s zoning board of appeals for a special permit or variance. The ZBA has denied your requests for zoning relief. You may have considered appealing the decision to the Land CourtContinue reading Navigating the Two-Year Waiting Period on Unfavorable Special Permit and Variance Applications in Under the Massachusetts Zoning Act

Audio Recording of Condominium and Tenant Meetings in Massachusetts

By Robert Nislick You are a condominium trustee or unit owner in Massachusetts. Similarly, you may be a landlord or a tenant. A meeting is scheduled and you would like to record it. It is possible that a condominium trustee might want a recording so that he can prepare a set of meeting minutes. Let’sContinue reading Audio Recording of Condominium and Tenant Meetings in Massachusetts

Massachusetts Local Counsel Available for Businesses, Individuals, and Attorneys

By Robert Nislick If you are businessperson with a corporate dispute in Massachusetts but you are headquartered outside of the Bay State, or you own real estate or a rental property in the Commonwealth but live elsewhere, or you are an attorney for a company that has just been sued in Massachusetts, you may needContinue reading Massachusetts Local Counsel Available for Businesses, Individuals, and Attorneys

Fourteen Days Notice to Quit For Nonpayment of Rent in Massachusetts

By Robert Nislick You are a Massachusetts landlord. Your tenant is not paying rent. You want to evict him. What can you do to get the eviction process started? Most landlords know that before you can evict a tenant for nonpayment of rent, the landlord must serve, and the tenant must receive, a fourteen-day noticeContinue reading Fourteen Days Notice to Quit For Nonpayment of Rent in Massachusetts

Framingham Landlords Must Obtain Inspection and Certification of Rental Units

By Robert Nislick Pursuant to the Framingham Health Department’s Rental Unit Certification Regulation, most landlords of residential properties in Framingham are required to apply for and obtain a certificate from the Board of Health before commencing any new tenancy or occupancy in a rental unit. The regulation is, “intended to protect the public health andContinue reading Framingham Landlords Must Obtain Inspection and Certification of Rental Units

Landlord and Tenant Issues Related to The Regulation and Taxation of Marijuana Act

By Robert Nislick On Election Day 2016, Massachusetts voters approved Question 4, and passed The Regulation and Taxation of Marijuana Act. One purpose of the act is to “make marijuana legal for adults 21 years of age or older”. See Act, § 1. The act will take effect on December 15, 2016. See Act, §Continue reading Landlord and Tenant Issues Related to The Regulation and Taxation of Marijuana Act

The Surveyor’s Right to Enter Land in Massachusetts

By Robert Nislick You are a landowner in Massachusetts. Suppose that you are in the midst of a dispute with your neighbor concerning your boundary line. Perhaps your neighbor’s shed encroaches on your property. Maybe you have fenced your neighbor off from his land for more than twenty years, and you are contemplating filing anContinue reading The Surveyor’s Right to Enter Land in Massachusetts