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Love Your Neighbor, Et Cetera – A Holiday Wish

By Robert Nislick “You shall love your neighbor as yourself.” Leviticus 19:18. In the world of real estate litigation, however, not everyone abides by this commandment. During this holiday season, as we celebrate miracles and pray for peace, I offer the following wish: Love your neighbor, landlord, tenant, easement holder, servient estate owner, licensee, trespasser,Continue reading Love Your Neighbor, Et Cetera – A Holiday Wish

Options to Purchase Real Estate in Massachusetts

By Robert Nislick You are a Massachusetts commercial tenant or landlord. The lease contains a provision that gives the tenant an option to purchase the leased premises from the landlord. An option to purchase real property is a “contract by which an owner of realty enters an agreement with another allowing the latter to buyContinue reading Options to Purchase Real Estate in Massachusetts

Free Speech, Fighting Words, True Threats, and Massachusetts Harassment Prevention Orders

By Robert Nislick A person suffering from harassment may file a complaint in a Massachusetts court requesting protection from such harassment. See G. L. c. 258E, § 3 (a). To do this, the plaintiff would generally go to the district court that has venue of the plaintiff’s residence. See G. L. c. 258E, § 2.Continue reading Free Speech, Fighting Words, True Threats, and Massachusetts Harassment Prevention Orders

Frequently Asked Questions About Tree Law in Massachusetts

By Robert Nislick Massachusetts homeowners frequently have questions about the ownership of trees on their property and the right to cut overhanging branches from a neighbor’s tree. Here are some of those questions, with answers, based on Massachusetts law. Question:        If a tree trunk is wholly on Alan’s property, who owns the tree? Answer:          AlanContinue reading Frequently Asked Questions About Tree Law in Massachusetts

Commercial Tenants’ Rights and Remedies in Massachusetts

By Robert Nislick You are a Massachusetts commercial tenant. Your company leases space and pays a handsome rent to your Massachusetts commercial landlord. Unfortunately, the landlord utterly fails to maintain the leased premises. The condition of the space is so poor that it affects your ability to operate your business. What can you do? OneContinue reading Commercial Tenants’ Rights and Remedies in Massachusetts

Contracts Law and Attorney’s Fees Provisions in Massachusetts

By Robert Nislick Contracts. Everyone enters into them. Most people fulfill their contractual obligations. Some people do not. There may be a good explanation for why someone has not satisfied his or her contractual obligations. Most of the time, however, there is no good excuse to evade your duties under an agreement. For the mostContinue reading Contracts Law and Attorney’s Fees Provisions in Massachusetts

Late Fees in Massachusetts Residential Leases

You are a Massachusetts landlord. You are leasing an apartment to a tenant. In the event that the tenant pays rent late, you want to be able to collect a late fee from him or her. Can the landlord impose a late fee against a tenant who pays rent late? “No lease or other rentalContinue reading Late Fees in Massachusetts Residential Leases

Employee Housing Licenses in Massachusetts

By Robert Nislick A large residential property, whether a condominium or a rental, may need to provide housing to a building superintendent or custodian. Or sometimes, a business such as a hotel, resort, or a B&B, may need, or be able, to provide on-site housing to staff members and maintenance people. The ability to houseContinue reading Employee Housing Licenses in Massachusetts

Specific Performance of Real Estate Contracts

By Robert Nislick You have been searching endlessly for that perfect new home. After spending countless weekends attending open houses, and hours visiting properties with your broker, you have finally found the right place. You are a solid buyer and you have made a very strong offer. The seller agrees and accepts your offer. HeContinue reading Specific Performance of Real Estate Contracts

Condominium Trustees and Property Managers, and Their Maintenance and Repair Obligations Under Massachusetts Law and the State Sanitary Code

By Robert Nislick It is widely known that management and control of the common areas of a condominium is vested in the organization of unit owners, which acts by and through its trustees. See McEneaney v. Chestnut Hill Realty Corp., 38 Mass. App. Ct. 573, 578 (1995). The term “organization of unit owners” refers toContinue reading Condominium Trustees and Property Managers, and Their Maintenance and Repair Obligations Under Massachusetts Law and the State Sanitary Code