Evictions, Framingham, Housing Court, Landlord, Landlord Tenant, Marlborough, Uncategorized | Leave a Comment on Framingham Evictions Can Be Filed in Central Housing Court – Marlborough and Still in Framingham District Court

Framingham Evictions Can Be Filed in Central Housing Court – Marlborough and Still in Framingham District Court

Framingham landlords can still file residential summary process cases in Framingham District Court, as always. Even with the recent expansion of the Housing Court, a landlord can start a Framingham eviction case in Framingham. Alternatively, he can choose to start the case in the Central Housing Court, which will hear the case in Marlborough. WhichContinue reading Framingham Evictions Can Be Filed in Central Housing Court – Marlborough and Still in Framingham District Court

93A, Consumer Protection, Evictions, Housing Court, Landlord, Landlord Tenant, Litigation, Nonpayment of Rent, Notice to Quit, Security Deposit, Summary Process, Tenant, Uncategorized | Leave a Comment on Returning A Security Deposit When The Landlord Has Violated The Security Deposit Act Prior to Evicting the Tenant

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

Commercial Evictions, Disputes, Evictions, Housing Court, Landlord, Landlord Tenant, Nonpayment of Rent, Notice to Quit, Summary Process, Tenant, Uncategorized | 1 Comment on Fourteen Days Notice to Quit For Nonpayment of Rent in Massachusetts

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

Housing Court, Landlord, Landlord Tenant, Property Management, Smoking, State Sanitary Code, Summary Process, Tenant, Uncategorized | 1 Comment on Landlord and Tenant Issues Related to The Regulation and Taxation of Marijuana Act

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

Commercial Evictions, Evictions, Housing Court, Landlord Tenant, Litigation, Summary Process, Uncategorized | Leave a Comment on Stays of Execution in Massachusetts Landlord and Tenant Cases

Stays of Execution in Massachusetts Landlord and Tenant Cases

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. You tried your case and the court found thatContinue reading Stays of Execution in Massachusetts Landlord and Tenant Cases

Condominiums, Disputes, Housing Court, Land Court, Litigation, Property Management, Uncategorized | 1 Comment on Trustees’ Responsibilities and Unit Owners’ Right of Access to Condominium Books and Records in Massachusetts

Trustees’ Responsibilities and Unit Owners’ Right of Access to Condominium Books and Records in Massachusetts

By Robert Nislick When a dispute starts to arise between and a unit owner and a board of condominium trustees, the unit owner may ask to review the financial records of the condominium. The unit owner may suspect that the trustees are expending money wastefully or improperly. What records must the condominium trustees maintain? WhatContinue reading Trustees’ Responsibilities and Unit Owners’ Right of Access to Condominium Books and Records in Massachusetts

Consumer Protection, Evictions, Housing Court, Landlord Tenant, Security Deposit, Uncategorized | 1 Comment on But If You Do – Things to Remember When Taking a Security Deposit in Massachusetts

But If You Do – Things to Remember When Taking a Security Deposit in Massachusetts

By Robert Nislick You are a Massachusetts landlord. A new tenant is about to lease your house or apartment from you. You would like to take a security deposit from this person. Allow me to talk you out of it. Read my companion article, “Don’t Do It – The Case Against Taking a Security DepositContinue reading But If You Do – Things to Remember When Taking a Security Deposit in Massachusetts

Consumer Protection, Evictions, Housing Court, Landlord Tenant, Security Deposit, Summary Process, Uncategorized | 3 Comments on Don’t Do It – The Case Against Taking a Security Deposit in Massachusetts

Don’t Do It – The Case Against Taking a Security Deposit in Massachusetts

By Robert Nislick You are a Massachusetts landlord. A new tenant is about to lease your house or apartment from you. You would like to take a security deposit from this person. In the event that the tenant damages the property or fails to pay rent, the idea of having a security deposit available toContinue reading Don’t Do It – The Case Against Taking a Security Deposit in Massachusetts

Evictions, Housing Court, Landlord, Landlord Tenant, Summary Process | Leave a Comment on Late Fees in Massachusetts Residential Leases

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

Board of Health, Condominiums, Housing Court, Landlord Tenant, Property Management, State Sanitary Code | Leave a Comment on Condominium Trustees and Property Managers, and Their Maintenance and Repair Obligations Under Massachusetts Law and the State Sanitary Code

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