Rights of First Refusal in Massachusetts

Suppose that a landlord and tenant are about to enter into a lease for commercial property in Massachusetts. The tenant contemplates improving the premises. The landlord anticipates that it may want to sell the property in the future. The tenant may want to buy the property. The parties can negotiate an agreement so that ifContinue reading Rights of First Refusal in Massachusetts

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

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

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

Framingham Landlords Must Obtain Inspection and Certification of Rental Units

By Robert Nislick Pursuant to the Framingham Health Department’s Rental Unit Certification Regulation, most landlords of residential properties in Framingham are required to apply for and obtain a certificate from the Board of Health before commencing any new tenancy or occupancy in a rental unit. The regulation is, “intended to protect the public health andContinue reading Framingham Landlords Must Obtain Inspection and Certification of Rental Units

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

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

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

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

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