Blog

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

Corporations Must Be Represented By Counsel in Massachusetts Lawsuits

By Robert Nislick You are a Massachusetts business owner. Perhaps you are the trustee of a trust. Maybe you are a landlord who owns some rental property. When you started operating your business, you decided to incorporate. One day, you find yourself in a dispute. Someone has sued your company. Alternatively, someone owes your businessContinue reading Corporations Must Be Represented By Counsel in Massachusetts Lawsuits

Proposed Consolidation of Framingham District Court and Marlborough District Court Raises Concerns

By Robert Nislick According to a draft Massachusetts Courts capital master plan obtained by Massachusetts Lawyers’ Weekly, and reported in its June 15, 2015, issue, the Trial Court proposes to close 41 courthouses and consolidate them in other locations. The Framingham District Court, located at 600 Concord Street, Framingham, would undergo a major expansion, orContinue reading Proposed Consolidation of Framingham District Court and Marlborough District Court Raises Concerns

Motion to Issue Execution

By Robert Nislick You are a Massachusetts landlord and you are trying to evict your tenants. You have already terminated their tenancy, served them with a summons and complaint, entered the case in the Housing Court or District Court, and appeared on the day of trial. On the day of trial, you mediated your caseContinue reading Motion to Issue Execution