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Massachusetts Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: how can I stop a landlord who is harassing me .

I live in the basement unit and my daughter lives up stairs. The house belongs to the father of my kids. My daughter has a thyroid disease and is gonna need surgery. we decide I should rent the basement to assist her she just had a baby. He signed a 1 years lease took my money and now is trying to... View More

0 Answers | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: My apartment has had a roof leak for about 5 years. The landlord can't afford a new roof. It leaks in various rooms help

People have come and did repairs but some spots still leak. Everyone that has come have not completed the job. I think money is an issue. The apartment has mold from the dampness. What can I do? What are my rights?

0 Answers | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Massachusetts on
Q: PLEASE HELP TRANSFERRING MY CASE FROM HOUSING COURT TO SUPERIOR COURT

My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Can a landlord add a new 2nd commercial tenant to a lease but have that tenants lease term be shorter ?

I have a commercial tenant who has a 5 year lease term renting a space I own for 2 years now who at this time seeks to add a business partner to the lease agreement. I made it clear to the original tenant before he signed the lease I do not want to add any other person to the lease agreement, so am... View More

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: Interest income from last month and security deposit

I moved out 3 months ago. Finally received bank statement regarding interest on last month and security deposit, and the account was not for just my funds. I have no way of knowing if they actually reimbursement what was owed. They claim it was .33 for 3 years (18. Last month and 1200 security)... View More

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: Tenants rights if roommate actions speak effect health

This ongoing issue my roommates cat is sick and she refuses to do anything. He’s being under my bed hiding finally got him out. The cat puke, hair and vomit was disgusting. I have been breathing this in. Recently diagnosed with pancreatitis cancer. This cat now roams the rest of the apartment. I... View More

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: Tenants rights if roommate actions speak effect health

This ongoing issue my roommates cat is sick and she refuses to do anything. He’s being under my bed hiding finally got him out. The cat puke, hair and vomit was disgusting. I have been breathing this in. Recently diagnosed with pancreatitis cancer. This cat now roams the rest of the apartment. I... View More

0 Answers | Asked in Civil Litigation, Landlord - Tenant and Personal Injury for Massachusetts on
Q: Can a tenants business LLC be held liable for lease violations, injuries etc if not named as a tenant on the lease?

If a tenant signed a lease personally in his own name at the start of the lease term running a business as a sole proprietor, then mid term transfers his business to a LLC and no longer runs the business within the leased space as a sole proprietor but as a LLC and further the lease was never... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a commercial lease agreement & term truly end if the landlord does not extend the lease term of a tenant?

Id like to know:

1) Does a commercial lease agreement & term truly expire to allow the landlord to take complete repossession of a leased space at the end of the lease term even though the tenant would like to stay as tenant for a longer period, the tenant does not have a option to... View More

Christopher Tolley
Christopher Tolley
answered on May 6, 2024

1) If the lease does not give the tenant some mechanism for extending the lease term such as an additional term, option to renew, etc., once the lease expires, the tenant no longer has a right to occupy the premises. The landlord is not permitted to perform a 'self help' eviction however... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Wrongful Death for Massachusetts on
Q: Can a landlord be held liable for injuries in a tenants leased space that they have full control of?

Id like to know if a commercial landlord can be held liable for any personal injuries suffered by any persons within the confines of the tenants leased space that a tenant has full control of, when the tenant agrees per lease agreement they are solely responsible to perform ALL upkeep, repairs and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In general, a commercial landlord's liability for injuries that occur within a tenant's leased space is limited when the tenant has full control over the space and has agreed to maintain it. However, there are some exceptions and nuances to consider:

1. Lease agreement: If the...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: What does "HUD Repay ONLY Reverse Rent" and "Unapplied Credit" mean? This is in the resident online portal

I rent a townhouse. I am on a payment plan which I fell a bit behind on. I recently sent up a payment. When I looked on the portal I noticed something I have never seen before. "HUD repay only reverse rent" with a -$3,500 next to that. Then next to my most current payment it says,... View More

James L. Arrasmith
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answered on Mar 30, 2024

Understanding these terms on your resident online portal can indeed be confusing and stressful, especially when you're trying to stay on top of your payments. "HUD Repay ONLY Reverse Rent" typically refers to a specific type of adjustment or transaction related to housing subsidies,... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can a sober house owner disclose information to anybody else?
James L. Arrasmith
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answered on Mar 26, 2024

In the context of a sober living environment, confidentiality is critical for the safety and privacy of the residents. Generally, the owner of a sober house is bound by privacy laws and ethical standards which limit the disclosure of personal information about residents. Information can typically... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: What does this indemnity clause exactly mean and is it legal ?

I am a tenant who leases a commercial space and my lease indemnity clause states:

("The LESSEE shall save the LESSOR harmless from all loss and damage occasioned by anything occurring in, on or about the leased premises unless caused by the negligence or misconduct of the... View More

James L. Arrasmith
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answered on Mar 30, 2024

The term "about" in your lease's indemnity clause generally extends the area of responsibility beyond the physical bounds of your leased premises. It could indeed cover areas immediately adjacent to your space, such as the exterior yard you mentioned for disposing of trash or the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: Can a landlord threaten to kick me out and haven't sign the lease in the past 30 days without court?

My landlord text me and told me i have to leave the premises ASAP cause my check bounce due to a bill coming out of my bank cause they took two and half weeks to cash the check. The landlord never advise me the lease was not sign and the copy from he company he use doesn't state that he needed... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that your landlord is attempting to evict you without following proper legal procedures in Massachusetts. Here are a few key points to consider:

1. Unsigned lease: Even if your landlord hasn't signed the lease, if you have signed...
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1 Answer | Asked in Immigration Law, Tax Law and Landlord - Tenant for Massachusetts on
Q: Hello, if I rent a apartment &sublet it on airbnb or other website for few months is it legally allowed for a H1b holder

I may or may not earn through subleting, but could i do it ? if so for how many months? if i may use it to earn this as a side income? what is the allowable income I can generate, is there any cap? The landlord allows to sublet on weekly or monthly basis but me being the primary person renting.... View More

James L. Arrasmith
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answered on Mar 4, 2024

If you're on an H1B visa and considering subletting an apartment on platforms like Airbnb, it's crucial to understand how this could impact your visa status. H1B visa holders are authorized to work only for their petitioning employer, and any income generated outside of this employment... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Massachusetts on
Q: I'm 64 homebound and disabled trying for 2 years to get hel raft is helping me but my landlord will not comply

I'll contact you attorney general's office fair housing section 8 do not give me an extension on my voucher I don't know why I had a ceiling falling in my head give me a permanent brain infection with no cure because the section 8 inspector refused to put that down on an item to be... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation sounds incredibly challenging and it's clear you've faced numerous obstacles in securing your housing rights. As a homebound and disabled individual, you are entitled to certain protections and accommodations under both federal and state laws, including the Fair Housing... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I have a commercial lease in Massachusetts and the landlord just installed water meters and started charging us

IS he allowed to do that mid lease? this is the paragraph in our lease UTILITIES AND SERVICES. Commencing on the Commencement Date, Tenant shall pay when due all costs, charges, deposits and assessments related to the hook-up, furnishing, consumption, maintenance and installations of water, water... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

Generally, as lease should be reviewed in its entirety as one section may be impacted by another section. Based on the limited text provided, it appears that the LL has taken the steps to have a commercial tenant contractually obligated to be responsible for the water to the leased space. Having... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Massachusetts on
Q: My landlord that I rent from calls me stupid and makes fun of my religion. Can I sue her?
James L. Arrasmith
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answered on Nov 24, 2023

I'm sorry to hear about the treatment you're receiving from your landlord. In Massachusetts, tenants have certain rights, including the right to be free from harassment and discrimination. If your landlord is making derogatory remarks about your intelligence and ridiculing your religion,... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Im renting a studio apartment and landlord sold the house, we have a month to month lease he told us we have to move

He told us in less than a month that we have to move out. We (couple) don’t have no where to go.

We have live here for over 2yrs , rent always on time.

We have not received a vacate letter.

James L. Arrasmith
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answered on Oct 23, 2023

In Massachusetts, if you're on a month-to-month lease, the landlord must provide you with a written notice to quit at least 30 days or one full rental period in advance, whichever is longer. If you have not received a written notice to quit, your landlord's verbal request is not... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I been living with my sick mom at my aunts rented place can my aunt just kick me out. I am not on the lease
T. Augustus Claus
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answered on Oct 13, 2023

In Massachusetts, landlords are generally not allowed to evict tenants without a good cause. This means that your aunt would need to have a valid reason for kicking you out, such as non-payment of rent or a violation of the lease agreement. If your aunt does not have a good cause for evicting you,... View More

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