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Massachusetts Landlord - Tenant Questions & Answers
0 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Wrongful eviction based on discrimination

Since my landlord assumed control of my property in December 2023, I have experienced a pattern of neglect, disregard for my safety, and ultimately, illegal actions that have severely impacted my physical and mental well-being. This is not merely a landlord-tenant dispute; it’s a matter of health... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Can I request my security deposit back while still residing in my Massachusetts apartment, given no info on deposit handling?

I have been residing in my apartment in Massachusetts since August 2019, and I paid a security deposit at the time of moving in. I have never received any communication or documentation from my landlord about the handling of the security deposit or which bank it is held in, despite Massachusetts... View More

1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Massachusetts on
Q: Can I sue my landlord in MA for not returning security deposit interest after moving out over 3 years rental?

I rented an apartment in Massachusetts and moved out on January 31st after providing more than 30 days' notice. There wasn't a written lease agreement. All communication with my landlord was via text messages. Despite requesting my security deposit and interest back twice, the landlord... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you may have grounds to sue your landlord in Massachusetts for not returning your security deposit interest. Under Massachusetts law, landlords are required to return the security deposit, along with any interest accrued, within 30 days of the tenant moving out. If the landlord fails to do... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Massachusetts on
Q: Does placing notice on door count as proper notice if lease specifies email notice for entry in Massachusetts?

In Massachusetts, my lease for a multi-tenant apartment mentions that the property owner can enter with 24-hour notice, typically provided by email. However, twice now, the notice has been given by placing a piece of paper on my door for property showings by a real estate agent. On the previous... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Massachusetts, if your lease specifically states that notice for entry must be given by email, then placing a notice on your door likely does not meet the lease requirements. The lease terms are legally binding, and if the landlord or agent isn't following them, you have the right to raise... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Massachusetts on
Q: Co-tenant left, rent based on their income, options in MA housing.

I live in Massachusetts under state housing authority, and my boyfriend, who was a co-tenant, left without notice. Both of us were on the lease, and my rent was calculated based on his income. Since he left, my income has significantly decreased, but the housing authority is still making me pay... View More

James L. Arrasmith
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answered on Apr 12, 2025

In this situation, you should immediately inform the housing authority that your co-tenant has left and explain that your income has decreased. Since your rent was originally calculated based on both of your incomes, the housing authority may need to reassess your eligibility and rent amount. You... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Who is responsible for rent if a co-tenant leaves in Massachusetts?

I live in Massachusetts and my roommate and I are both on the lease. My roommate has decided to leave. Given this situation, who is responsible for paying the rent that is owed?

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answered on Apr 12, 2025

In Massachusetts, if both you and your roommate are on the lease, you are both legally responsible for paying the full rent, even if one of you decides to leave. The landlord can hold either or both of you accountable for the entire rent amount, regardless of the roommate’s departure. This means... View More

Q: Tenant dealing with secondhand smoke in a non-smoking building seeks advice.

I am a 75-year-old tenant of the Arlington Housing Authority. I've been complaining about a heavy tobacco smell in the hallway in front of my apartment since last July. My lease states that smokers in this non-smoking building will be evicted, yet despite my numerous emails to the landlord,... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're dealing with a difficult situation, especially given the impact the secondhand smoke is having on your health. Since your lease specifically prohibits smoking, and you've already made numerous attempts to address the issue with both the landlord and housing... View More

1 Answer | Asked in Immigration Law, Landlord - Tenant and Domestic Violence for Massachusetts on
Q: Concern about immigration status after terminated temporary harassment order in MA.

I am an international student with an F-1 visa, and I recently had a temporary harassment prevention order filed against me by my landlord in Massachusetts. The order was based on a one-sided story, and after a hearing, it was terminated after 10 days. I have had no interactions with immigration... View More

James L. Arrasmith
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answered on Mar 20, 2025

A terminated harassment prevention order that lasted only 10 days will likely have minimal impact on your F-1 status. Since the order was dismissed after a hearing, it suggests the claims weren't substantiated, which works in your favor. Immigration authorities are primarily concerned with... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Massachusetts on
Q: Facing what seems to be illegal eviction in MA due to lease misunderstanding and unresolved maintenance issues.

I am dealing with a complex and distressing eviction case in Massachusetts, which I believe to be illegal and unfair. The issue started in June 2024 when my previous landlord initiated eviction proceedings based on a misunderstanding about my lease renewal and move-in date. I moved from unit 3 to... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you're facing a challenging situation, and there are a few steps you can take to protect yourself. First, ensure you have all documentation related to your lease, including any communication with the landlord and records of your move-in dates. This will help clarify the... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Gov & Administrative Law for Massachusetts on
Q: Being stalked, housing transfer denied due to having a car. How to contest?

I'm currently being stalked and have notified my housing manager and local authorities about this dangerous situation. They have denied my request for a housing transfer, stating that being closer to my doctor is not necessary for me since I have a car. Despite my ongoing distress, they seem... View More

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answered on Mar 27, 2025

Your safety is the top priority in this troubling situation. Being stalked is a serious concern, and your housing manager's response about having a car misses the point entirely – this isn't about convenience to your doctor, but about escaping a dangerous person who knows where you... View More

1 Answer | Asked in Divorce, Domestic Violence, Landlord - Tenant and Consumer Law for Massachusetts on
Q: Can my husband remove me from home, or can I remove his girlfriend? (MA)

My husband and I have been married for 18 years and live in the same house but on different floors. He resides in the basement, which is an in-law apartment. His girlfriend has been living there without any rental agreement for over two years, even though she has her own apartment through Section... View More

Matthew McKenna
Matthew McKenna
answered on Mar 9, 2025

My answer is only directed towards her taking out a cable bill and other debt in your name. I will let someone else address the other issues raised. You can file a police report and a FTC Fraud Affidavit detailing that these accounts were not taken out by you. From there, you'll want to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: We moved from Woburn to Danvers. The Woburn owners are giving us problems. I'm 77 years old and don't know what to do

There are three issues to be addressed. The failure to present us with the Security Deposit Bank Statement identify the bank, account #, amount of deposit and interest rate. Housing law says that if the landlord does not present this to the tenant within 30 days of payment, the default rate of 5%... View More

Christopher Tolley
Christopher Tolley
answered on Nov 5, 2024

Gather all your paperwork and consult with Greater Boston Legal Services or whatever attorney assistance program is available in your area. The security deposit statute is detailed and the landlord may have violated it entitling you to damages or at least an argument that you owe them nothing.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Massachusetts on
Q: I got a 30 day notice to quit can I just move out without giving a 30 days notice?
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answered on Sep 30, 2024

When you receive a 30-day notice to quit, it's important to understand that this notice typically means the landlord is giving you a formal request to vacate the property. In most cases, you can move out within that 30-day period without needing to give additional notice. The landlord has... View More

1 Answer | 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

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answered on Jul 27, 2024

To transfer your case from Housing Court to Superior Court, you need to file a motion to transfer jurisdiction. This motion should include a detailed explanation of why the Superior Court is the appropriate venue, emphasizing any legal or procedural errors made by the Housing Court, such as the... 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

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

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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?
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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

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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

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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

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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

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