Blog

Rent Escrow During the Massachusetts Eviction Process

By Robert Nislick Many Massachusetts landlords have encountered a tenant who has exploited the landlord in the following manner. The tenant has fallen behind on the rent. The landlord needs to get paid. The landlord serves a 14-Day Notice to Quit for Nonpayment of Rent. Almost immediately, the tenant calls Boston Inspectional Services Department (ISD),Continue reading Rent Escrow During the Massachusetts Eviction Process

Can the Landlord Enter the Tenant’s Apartment

By Robert Nislick Massachusetts landlords frequently ask whether they can enter their tenant’s rental unit during the term of the lease. The landlord may have many valid reasons for wanting to enter the apartment. Oftentimes, a tenant’s lease will be up soon, the landlord has decided not to renew the lease, and the landlord wantsContinue reading Can the Landlord Enter the Tenant’s Apartment

When an Easement Holder Tells You to Get Out of the Way – Understanding the Landowner’s Right to Use His Own Land

By Robert Nislick You are a Massachusetts landowner. Your neighbor has an easement to use your land.  You want to use your own land too.  Your neighbor sues you in Land Court or Superior Court. She seeks a declaratory judgment and an injunction to prevent you from using the land subject to the easement. SheContinue reading When an Easement Holder Tells You to Get Out of the Way – Understanding the Landowner’s Right to Use His Own Land

Trespass to Trees in Massachusetts

By Robert Nislick “What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another.” – Mahatma Gandhi People cut down trees. People cut down each other. People cut down each other’s trees. In Massachusetts, if someone cuts down your trees,Continue reading Trespass to Trees in Massachusetts

Evicting the Holdover Tenant Who Does Not Leave After Lease Ends

By Robert Nislick You are a Massachusetts landlord. You leased an apartment to a tenant. The lease ended.  The tenant did not leave. How do you get rid of the holdover tenant and get your property back? Some landlords believe that you can file the summary process action as soon as the lease is over,Continue reading Evicting the Holdover Tenant Who Does Not Leave After Lease Ends

Getting the Rent When Evicting a Tenant for Nonpayment of Rent in Massachusetts

By Robert Nislick You are a Massachusetts landlord. Your tenant has fallen behind on his or her rent. This puts you in a terrible position. Your profit margin as a landlord is very slim. A nonpaying tenant can lead to financial ruin for a small landlord. How can you get your tenant to pay whatContinue reading Getting the Rent When Evicting a Tenant for Nonpayment of Rent in Massachusetts

How to Prepare for Testifying in a Deposition or at Trial

By Robert Nislick You have been subpoenaed to testify in a deposition or at trial. It is essential that you prepare for this event. The lawyer who will question you has thought carefully about what information he or she wants to get from you. Accordingly, you need to communicate ahead of time with your lawyerContinue reading How to Prepare for Testifying in a Deposition or at Trial

Assessing and Pressing Your Property Damage Claim

By Robert Nislick You are a homeowner or a unit owner in a condominium. Life is great.  Until . . . your home suffers property damage from water infiltration. You have done nothing wrong, but through the negligence of someone else, your stuff is ruined. You are out real money and you are mad. Let’sContinue reading Assessing and Pressing Your Property Damage Claim

Harassment Prevention Orders in Massachusetts

By Robert Nislick Someone doesn’t like you.  It could be a neighbor or a co-worker.  Maybe someone you hardly even know.  He or she goes to court and fills out some forms, and alleges that you are harassing them.  Whoever you ran afoul of has sued you, and has asked the court to issue aContinue reading Harassment Prevention Orders in Massachusetts

Adverse Possession in Massachusetts

By Robert Nislick Many of us wish to live in a world with friendly neighbors, and in a house with freshly painted white picket fences, and ample and accessible parking.  When you have bad neighbors, the dream can quickly turn into a nightmare.  One day you learn that your neighbors’ fence is over the propertyContinue reading Adverse Possession in Massachusetts