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Massachusetts Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: If I am counter or claiming a landlord who is trying to evict me over a broken stove should I automatically get paid?

He also doesn't give notice to come by and get rent took $7,000 from the state about a year ago and putting on it back into the apartment however I did start paying him in cash and we were okay through 2021 but it's almost like he doesn't want me to pay him and the stove doesn't... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Massachusetts on
Q: I have a qualified buyer for my business, my landlord isn’t sure if he wants to assign my lease. What are my options?

I notified my landlord of the sale of my business but he’s not sure if he wants to issue a new long term lease but I have a five year lease currently I said we can assign my lease to the new buyer but the la said he’s not sure if he wants another long term lease

William J. Amann
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William J. Amann
answered on Sep 15, 2022

Your written lease should include a section concerning Assignments. Usually, consent to proposed assignments is stated that such consent shall not be unreasoanably withheld. Of course that is quite subjective. Please contact me at wamann@amburlaw.com if you want to explore further. Thank you.

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: What happens if you are late moving out of apartment (several days past the end of the lease)?

Vehicle is broken down and am unable to move at end of lease. Landlord is being inflexible due booking tenants back to back.

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for Massachusetts on
Q: What is the easiest way to do a lease to own from parent to son?

I am downsizing and my son/wife want to own my home and we discussed 2 year lease. I am not sure how it works. What do I need to do? Do I become a landlord?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 23, 2022

There can be a Lease and a separate Option to Purchase instrument. It is unclear if you want a Right of First Refusal or an Option with a price setting mechanism.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: I am living in a house that was just sold do the new owners have the right to do renovations in or outside of house
Christopher Tolley
Christopher Tolley
answered on Jul 9, 2022

Normally once a landlord leases premises the landlord cannot make changes to the leased premises without the tenant's permission. Your lease may give the landlord the right to make changes. Generally a landlord is permitted to enter leased premises to make repairs at reasonable times' on... Read more »

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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 »

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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 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, 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 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 »

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: Bought a house witha problem tenant, how to evict?

I bought a duplex house with one side having 3 tenants renting a room and sharing common area. Each tenant pays bi weekly. No lease. I had asked during the closing. Although the previous owner and two tenants claim that they rented under the agreement of a sober living arrangement, i have no proof... Read more »

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