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Massachusetts Landlord - Tenant Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View 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...
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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... View 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... View 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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View 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... View More

0 Answers | Asked in Landlord - Tenant and Animal / Dog Law for Massachusetts on
Q: is the landlords homeowners responsible?

The neighbors rent the house behind us and their daughter took pieces off my fence. My dogs got out as a result of this and one was hit by a car. Will the landlords homeowners insurance cover the vet bills or do I have to sue the tenants directly?

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: In MA, may tenants-at-will recover rent paid in advance for a rental period that has not yet expired?

For example, a tenant gives notice of intention to vacate more than 30 days prior to the proposed move-out date, but after advance payment of the last month's rent (a separate last-month rent was collected at the beginning of the lease). Is the tenant entitled to recover this advance payment?... View 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... View 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

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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... View 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... View 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... View 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.

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: My landlord is failing to provide hot water to my building. What are my options?

This landlord just took over this property when my previous landlord retired a few months ago. We've been having issues with our hot water ever since. Sometimes it's hot, but most of the time it's not as hot as it should be, and sometimes it's ice cold, and when it goes ice... View More

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: mouse in my studio for 2 weeks.The manager said he'll call someone and nothing happened.Hard to communicate. What to do?

The manager is very rude. Difficult to communicate with him.

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