Lawyers, Answer Questions  & Get Points Log In
Massachusetts Landlord - Tenant Questions & Answers
2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Hello, I'm have an issue with a landlord that is not returning a deposit and it has been well over 30 days.

It was a month to month lease. No Damages. She has retained a lawyer. I have reached out to him, given him details last week via a text, he has not not responded to my calls or messages.

Christopher Tolley
Christopher Tolley answered on Oct 14, 2021

Massachusetts security deposit (if that is what you are talking about) law is very favorable to the tenant, but there are very particular aspects to the law. Go to masslegalhelp and read up on a landlord's obligation to return a security deposit (if that is what you are talking about) If... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Is it required in MA to test and de-lead an old property (1800s) before renting it out?

We have a property (1800s) that we want to rent out. However, the presence/absence of lead is unknown. As landlords, are we required to test the presence of lead (and de-lead if found) before we rent it out? Can we have the tenants sign an agreement that it has been informed to them that it is... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 14, 2021

You are required to test for the presence of lead before you rent. You do not necessarily have to de-lead the property before renting, there are other ways to deal with lead paint. You cannot require tenants sign an agreement stating they accept the presence of lead on the property. This is a good... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Massachusetts on
Q: My mother died in January of covid.

My mother was in a nursing home for 3 years when she died. My brother asked to move into her home 2 years ago. My mother has a will, but my sister and I were concerned because my brother is a person who does not pay his bills. We had the estate lawyer draw up an agreement that basically said my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 8, 2021

As PR you may seek an equity action against him for losses to the estate and seeking to offset against his share of the estate under the Will.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Massachusetts on
Q: Hello, I have a question about releasing rights under homestead.

My mother and her sister are deeded owners of our home. In 2018 the deed was re-filed to include my mom and also release homestead rights for her sisters husband. The married co-owner has since deceased and we are making sure the release of homestead clause ensures he has no right or legal... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 26, 2021

Your question is unclear and I suggest that you should state whether the last deed has more than one grantee listed and if so, does it state that the grantees are joint tenants with the right of survivorship and not tenants in common? Homestead waivers are separate documents. You should also have a... Read more »

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can a person sue me for non-payment after refusing to give me the bill?

After a break up I spent some time living with my Nana. Our agreement was I’d work in lieu of rent in her shop, but pay utilities in the house I occupied since it’s normally empty. The utilities were in her name. After events ranging from abusive, to manipulative, to straight out slanderous I... Read more »

Christopher Tolley
Christopher Tolley answered on Nov 18, 2020

You appear to understand and agree that you owe the bill for March. However, if you do not know the amount to pay, you cannot pay it. Your Nana would have to show you knew the amount you had to pay, that she asked you for the money, and you refused to pay.

1 Answer | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My Landlord gave 2 of my puppies away, that I intended to keep. officer told him to get them back, he has not done so.

This morning he assaulted me and bit me the officers I've called have seen it yet they will not Do anything what can I do.

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 21, 2020

Have you received medical treatment for same? Are there any scars? You may have a harassment claim against the landlord and if there have been three harassing incidents by this person you can obtain an order from the district court for your locality, but there are special rules under the COVID... Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: A new const. apt. has been pushed back 7x's totalling 6+months. We have no more timeshare points and are nearly homeless

Multiple leases signed over the course of this fiasco. Is there any way to sue for reimbursement for timeshare being exhausted, multiple hotel and resort stays plus the mental pain and suffering from all of this?

Michael Hales
Michael Hales answered on Jan 30, 2020

I would need more information to give an answer. I've worked with most timeshare companies, but I'm not entirely sure what happened. It's possible there's a breach of contract claim, but that would largely depend on the agreement and additional facts I don't have. Feel free... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Personal Injury for Massachusetts on
Q: Landlord has video camera in bedroom catching us shower naked and is being nasty to us now. How can I win a lawsuit?

My husband and I rented a condo in Norton, MA. We have the contract. Landlord put camera at front door and one of the bedroom. Landlord also did not fulfill the contract because they have their dad staying there for two months. They were our friends so we did not want to make a big deal. I personal... Read more »

Kristen Greenwood
Kristen Greenwood answered on Dec 21, 2019

In my experience as a criminal defense attorney, my first suggestion would be to go to the police to report that you've been video recorded in the bedroom of the apartment you were living in. Provide them with as much proof as possible of these videos, as well as a lease/contract to show you... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: 24 hour notice

Hello, I received a noticed from my landlord that I am no longer able to use the basement for storage and I can no longer use/have my washer and dryer in the basement. Which is his right to denie me access as this is his house. Even though that's part of the reason I rented the house and it... Read more »

Christopher Tolley
Christopher Tolley answered on Dec 18, 2019

I suggest you call the Section 8 people and see if there is something in the lease or their contract with the landlord that addresses this.

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Demanding full security deposit after 30 days of lease end

I moved out of my previous place 35 days ago. I gave proper notice 60 days in advance, and provided the landlord with address to return security deposit.

35 days later he says the damages go over the security deposit amount (implying he wont return money) and does not provide any... Read more »

Zachary Alan Waksman
Zachary Alan Waksman answered on Aug 6, 2019

I cannot give advice in this forum.

However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages.

You should consult an attorney for assistance drafting any...
Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I love in a 3 unit building. I live in the first floor. New tenant moved in above me and made life terrible with noise.

I have complained to management in person and in writing. To move, waiting list is two years for new unit. Neighbor bangs on the floor with a hammer i think. She stomps like an elephant. She plays music very loud. She throws foodstuff out her windows, landing on my window sills and attracting... Read more »

Zachary Alan Waksman
Zachary Alan Waksman answered on May 29, 2019

I am somewhat confused by what you are saying here. It sounds like you want to send a letter to the tenant. That is an option.

You have rights as a lessor in this building. The landlord is obligated, both by law and through your lease, to ensure that your right to quiet enjoyment of your...
Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Should I let know a landlord that I am suing them?
Zachary Alan Waksman
Zachary Alan Waksman answered on Mar 30, 2019

I cannot answer your question based on the facts you have provided. It depends in part on why you want to sue your landlord. Certain actions taken by your landlord may constitute violations of the consumer protection statute, Chapter 93A. Since you are probably renting your apartment to use as your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Can I get my condo Title revised so that it changes the parking spot that goes with the unit? If so, how do I do this?

Background: I recently discovered that my condo unit’s first tenant had switched parking spaces with a tenant on the opposite side the their building. This gave each party a spot right outside their own unit. When I got a new tenant they continued with that spot. My current tenant wants to buy... Read more »

Christopher Tolley
Christopher Tolley answered on Mar 4, 2019

Yes. If parking spaces in your condo. are deeded, you would have to trade deeds with the other unit/parking space owner. Your could also give each other reciprocal easements or licenses. If parking spaces are assigned by the condo. you might be able to get the board of trustees to switch... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can a Landlord charge one price for parking in the parking garage and extra if you want a designated spot?

I have lived in my apartment for 4 years in April. As of this latest lease starting in May 2018, it was agreed that we would begin to pay for parking in the parking garage on site, $25/vehicle. Before agreeing to the additional charge, my boyfriend asked if it was possible to dedicate these 2... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

I don't see a problem with offering that additional service, so long as it doesn't violate any possible contractual right you might have to park your car in an available space for $25/mo assuming you were told you would definitely be provided a spot (though not a dedicated spot). More... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: Help with Massachusetts child suport law/ tenant landlord law (see more information)

Hello, im an 18 year old High school senior who will be graduating in 2019. I was wondering the law(s) regarding my step father kicking me out of the house as I am still a student. My mother lives in this home as well, however, she is against this decision, but to make things less stressful I have... Read more »

John Espinosa
John Espinosa answered on May 22, 2018

Here is a helpful resource about illegal evictions: https://www.masslegalhelp.org/when-is-eviction-illegal

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Are there grounds for eviction if your rent is paid?

Are there grounds for eviction if your rent is paid in full but there is an outstanding balance on the account (none of it is for any rent) which is in the process of being disputed.

John Espinosa
John Espinosa answered on May 12, 2018

Possibly. Here is a helpful resource: https://www.masslegalhelp.org/housing/lt1-chapter-12-evictions

2 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: I recieved a 30 day notice to quit. I was asked to vacate on May 1, 2018. What are my rights?

With the spring/summer season upon us, I am not able to find an affordable year round home. How do I get more time? At least until September/October

John Espinosa
John Espinosa answered on May 4, 2018

Sounds like you are a tenant at will without a lease. Here are some relevant resources:

https://www.masslegalhelp.org/housing/lt1-chapter-4-tenants-at-will

https://www.masslegalhelp.org/legal-tactics

https://www.mass.gov/service-details/learn-about-responding-to-an-eviction-for-tenants

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Is a lease valid in Massachusetts if it was signed AFTER a purchase and sales agreement was signed?
John Espinosa
John Espinosa answered on Apr 8, 2018

The only way to answer your question is for you to hire an attorney to actually read and analyze the documents in question in order to properly advise you of your rights. Each contract is unique so a thorough review of both these documents is necessary to know how they interact and affect each... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: How can I get my landlord to remove an abandoned vehicle by a previous tenant from our driveway?

Hello,

My landlord won't seem to remove an abandoned car from our townhouse driveway even though everyone wants him to. He kept not doing anything so I called the city police and they said I can put a 24 hour watch on the car and they'd tow it. But feeling bad for the landlord, in... Read more »

John Espinosa
John Espinosa answered on Apr 8, 2018

You have answered your own question. You want the abandoned vehicle removed, and you know the police will remove it. Here is the relevant law so you can see how abandoned vehicles are handled: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section22B

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Massachusetts on
Q: I'm petitioning my college for a refund on room and board — should I ask for more?

I pay $60K/yr at my college. This year, the lock on my dorm has stopped working several times and I've had to pay to get let back in. The residence department did nothing to fix the issue when I contacted them.

Most recently, someone flooded the bathroom upstairs, which in turn... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Only if you develop a problem from the mold. Ask for a meeting with the person in charge of residence halls. If they don't give you one then contact a consumer attorney with the Mass Academy of Trial Attorneys in your area.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.