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Massachusetts Landlord - Tenant Questions & Answers
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 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 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 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 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 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 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: 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 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, Public Benefits and Real Estate Law for Massachusetts on
Q: Section 8 payment delay after moving to a new apartment in MA.

I recently moved from one Section 8 apartment to another because my previous landlord is selling the house. I signed a new lease on June 2 and have started moving into the new apartment in stages, due to being elderly and disabled. The previous landlord agreed to this, and we have signed a... View More

James L. Arrasmith
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answered on Jun 12, 2025

That’s a difficult situation, especially when you’ve done everything you could to move responsibly while dealing with physical challenges. It’s frustrating to have your new rent delayed because of something as technical as not being fully moved out, especially when there was no clear timeline... View More

Q: Can my husband kick me out of our jointly owned house and keep our baby in Massachusetts amidst verbal abuse?

I live in Massachusetts, and my husband has been verbally abusive and neglectful towards our baby. We jointly own our property. Currently, there is no legal custody agreement in place. I have tried to communicate with him, but it hasn't worked. Tonight, he wants to invite a lot of people to... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Massachusetts, since you both jointly own the home, your husband cannot legally kick you out without going through the proper legal process, such as eviction. Even though there is no formal custody agreement, you both have equal rights to the property. However, if the verbal abuse and neglect... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Tenant at will in MA faces rent increase, risks eviction if paying old rent. What can landlord do?

I am a tenant at will in Massachusetts with a written agreement, and I recently received a notice of rental increase from my landlord without a place for me to sign. The new rent amount is supposed to start now, with 60 days' notice given. The last rent increase was handled similarly, and I... View More

James L. Arrasmith
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answered on Jun 12, 2025

If you continue to pay only the old rent amount instead of accepting the proposed increase, your landlord would likely bring a "no-fault" eviction against you rather than an eviction for nonpayment of rent. Under Massachusetts law, if you continue to pay your old rent and refuse to pay... View More

Q: What does "post disposition" mean for a closed small claims case?

I recently discovered that a small claims case was filed against me by my previous landlord after I moved out over a year ago. I was unaware of the court date due to my move, and now the case status online says "post disposition" and is marked as closed. What does "post... View More

James L. Arrasmith
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answered on Jun 11, 2025

“Post disposition” simply means the case has been resolved and the court has entered its final judgment or order. Your small‐claims lawsuit is closed, so the court’s decision stands unless you take further action.

If you never appeared, the judgment was likely entered by default....
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1 Answer | Asked in Child Custody, Landlord - Tenant, Family Law and Real Estate Law for Massachusetts on
Q: Can a 17-year-old live with a sibling in Boston with parental permission?

Can my 17-year-old daughter move to live with her 22-year-old sister in Boston, MA? My 22-year-old daughter is working for a company in Boston and will move there in June. My 17-year-old wants to live with her and attend public high school in the area. Is parental permission and caregiver... View More

James L. Arrasmith
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answered on May 15, 2025

In Massachusetts, a 17-year-old can live with an older sibling with parental permission, but there are some important considerations to keep in mind. As a minor, your daughter will still be under your legal guardianship, and while you can give permission for her to live with her 22-year-old sister,... View More

1 Answer | 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

James L. Arrasmith
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answered on May 15, 2025

What you’ve described goes far beyond a basic rental disagreement. If you’ve endured prolonged neglect, serious safety violations, and unjust treatment since your landlord took over, you may be facing a wrongful eviction rooted in discrimination or retaliation. A lack of heat during winter,... View More

1 Answer | 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

James L. Arrasmith
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answered on May 15, 2025

In Massachusetts, landlords are required to follow strict rules when handling security deposits. Within 30 days of receiving the deposit, your landlord must provide a written notice stating the name and address of the bank where the deposit is held, along with the account number. If they never did... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: What are my rights regarding a persistent mouse infestation and ineffective landlord action?

I have been dealing with a mouse infestation in my apartment for about 6 months, despite my landlord's efforts to set traps, which have been ineffective. I have extensive documentation of the issue, including photos and emails. The landlord hired pest control, but they only placed traps during... View More

James L. Arrasmith
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answered on May 15, 2025

You have the right to live in a safe and habitable home, and a persistent mouse infestation undermines that. Since your lease states that management will provide pest control when needed, and you’ve already allowed access and documented their limited response, the burden is on them to correct the... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Massachusetts on
Q: Am I entitled to request my security deposit back while still residing in the unit according to Massachusetts law?

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 from my landlord about the handling of the security deposit or which bank it is held in, despite Massachusetts laws requiring such... View More

James L. Arrasmith
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answered on May 15, 2025

You're asking a valid question, especially given how Massachusetts law handles security deposits. Under state law, a landlord must provide written notice within 30 days of receiving the security deposit, stating the name and location of the bank where it’s being held. They must also give you... View More

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