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

Evictions For Cause and the 7-Day Notice to Quit

By Robert Nislick You are a Massachusetts landlord and you have a tenant who has violated the lease in some material fashion. It is possible that your tenant has done some or any of the following: made so much noise that it interferes with the quiet enjoyment of other tenants. allowed unauthorized occupants to liveContinue reading Evictions For Cause and the 7-Day Notice to Quit

Smoking and Evictions in Massachusetts

By Robert Nislick Despite the fact that the adult cigarette smoking rate has hit an all-time low, Massachusetts landlords, apartment dwellers, condominium unit owners, and property managers occasionally have to deal with issues related to smoking neighbors. Landlords often want to know how they can prohibit a new tenant from smoking in the apartment theyContinue reading Smoking and Evictions in Massachusetts

The Ice Dam Cometh – Ice Dams and the Law in Massachusetts

By Robert Nislick It seems that no one has been spared as this historic winter continues to wreak havoc on Massachusetts homeowners, business owners, landlords, tenants, condominium trustees, condominium unit owners, and property managers. Roofs are collapsing under the heavy weight of snow and ice. Problems with insulation and ventilation in our buildings are causingContinue reading The Ice Dam Cometh – Ice Dams and the Law in Massachusetts

Unauthorized Occupants and Illegal Subletting in Massachusetts

By Robert Nislick You are a Massachusetts landlord who has leased your property to a tenant. You have contracted with only one person. The tenant never told you that anyone else would be living in the apartment. You never agreed that anyone else could live in the unit except the tenant. One day you discoverContinue reading Unauthorized Occupants and Illegal Subletting in Massachusetts

What Happens if the Tenant Doesn’t Show Up to Court

Default Judgments in Massachusetts Summary Process Actions By Robert Nislick You are a Massachusetts residential landlord or commercial landlord. You have properly terminated the defendant’s tenancy for nonpayment of rent or for cause. You have properly served the tenant with a Summary Process (Eviction) Summons and Complaint.  You have properly entered your residential eviction actionContinue reading What Happens if the Tenant Doesn’t Show Up to Court

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

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