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

Board of Health, Consumer Protection, Evictions, Framingham, Landlord, Landlord Tenant, Property Management, State Sanitary Code, Summary Process, Tenant, Uncategorized | 1 Comment on Framingham Landlords Must Obtain Inspection and Certification of Rental Units

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

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

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

93A, Commercial Evictions, Contracts, Disputes, Evictions, Landlord Tenant, Nonpayment of Rent, Summary Process | 1 Comment on Commercial Tenants’ Rights and Remedies 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

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

Evictions, Housing Court, Landlord Tenant, Summary Process | 1 Comment on Motion to Issue Execution

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, Housing Court, Landlord Tenant, Notice to Quit, Summary Process | 3 Comments on Evictions For Cause and the 7-Day Notice to Quit

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