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Massachusetts Landlord - Tenant Questions & Answers
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 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

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can a landlord sue former tenants for "lease violations" after the tenants moved out and the lease period has ended?

For example, if the landlord is claiming lease violations during the tenancy, but did not give any notice to vacate, file any suit, or file for eviction during the tenancy, can the landlord still sue the tenants after the lease period has ended? This would be under Boston, MA laws.

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Yes, if the lease violations caused compensable damages. For example, if tenants failed to change the filters on an HVAC unit and it caused damage to the unit, or if the lease did not allow pets but the tenants' pets damaged the carpet, doors, walls, window shades, etc.

2 Answers | Asked in Contracts, Family Law and Landlord - Tenant for Massachusetts on
Q: Co-tenants signed lease together and are breaking up.

Our daughter and boyfriend signed a housing lease. 4 months remain. Our minor grandson (10) visits and stays in his own room on the weekends. The boyfriend states his financial obligation moving forward, will be 1/3 of the rent. The boyfriend did make less money than our daughter when they signed,... View More

Christopher Tolley
Christopher Tolley
answered on Oct 4, 2023

I assume the lease states your daughter and the boyfriend are 'jointly and severally' liable for the rent. This means that each is liable for the entire rent. In the event of dispute, the landlord can seek the entire rent from either your daughter or the boyfriend or both. I don't... View More

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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Serve water damage 8/26 till waiting for repairs due to neighbors negligence. Landlord waiting on renters insurance . My
T. Augustus Claus
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answered on Oct 3, 2023

If your living conditions are affected by the delay in repairs and it's due to your neighbor's negligence, you may have grounds to pursue a claim against the neighbor or even the landlord if they're not taking timely action. Document all interactions and damages for any potential claims.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My lease reads no dogs. My tenant told me after the lease was signed on September-1-2023 she has a ESA dog for emotional

and stress. Can I do anything about this now. The tenant told me I could not. She Lied on the lease.

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

It is illegal under federal law to discriminate in providing housing to any disabled person because they have an emotional support animal. You can request appropriate medical documentation from the disabled tenant confirming that they are actually disabled and that they require the services of an... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can I sell or cash out on a willed estate?

My grandfather passed and his wife hates me. She's made attempts to remove me from the deed since my grandfather passed.

I'm listed as a "joint tenant" on the deed. What are my options for selling or cashing out my share?

Nina Whitehurst
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answered on Apr 27, 2023

Theoretically you could sell your share, but as a practical matter nobody is going to want to buy your share and then have to share use and occupancy with the other co-owners. The practical solution is to either buy out the other co-owner(s) or have one or more of them buy out your share. If you... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: I actually have 2 questions: 1.) Is it legal to lease out an apartment in an ALF to someone if the previous tenant who

lived there has already paid through the end of the month?

2.) In an ALF is it legal for the facility to take a bed that I purchased for my father and give it to someone else to use?

Christopher Tolley
Christopher Tolley
answered on Oct 26, 2022

As to question 1, the ALF agreement likely addresses the rights and obligations of the parties if an occupant vacates a unit for which he has already paid rent. The ALF agreement may also address the disposition of an occupant's personal property once the occupant vacates the unit. Also, you... View More

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

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