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Massachusetts Landlord - Tenant Questions & Answers
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...
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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... 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...
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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... 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 details are... Read 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... Read 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...
Read more »

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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... Read 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 case he'd... Read 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 flooded my... Read 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.

2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: I have a 1 year lease that automatically becomes a month to month agreement signed when I moved in. is that legal?

I moved in to this condo in Hudson MA in July of 2016 which says it is a 1 year contract and after it expires it becomes a month to month that was signed when I moved in 2016. (wasnt really sure what that meant) Is it legal for a 1 year contract to become a month to month without a second... Read more »

John Espinosa
John Espinosa answered on Feb 20, 2018

When a lease expires, if the tenant remains and a new lease is not signed but the landlord is still accepting rent then it does generally become a tenancy at will, which is what month to month is. Here is a helpful resource that explains more:... Read more »

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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Can I be evicted?

I live in my mother’s husbands apartment , he owns the property not my mother. Her name isn’t on it at all. They are separating and they fight really really bad. . He came tonight to collect our rent check and was fine, nice and all good! Apparently they are fighting again and he is threatening... Read more »

John Espinosa
John Espinosa answered on Jan 28, 2018

Here is a good resource for the basics: https://www.mass.gov/service-details/learn-about-responding-to-an-eviction-for-tenants

Then look at it from the lanlord's perspective, which outlines the steps to begin eviction:...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: What can I do to prevent my eviction, I just start working and couldn't afford to pay rent, landlord gave me Quit notice

I have been living at this address for over 2 years. I have no place to go, no family around and my landlord doesn't want me to stay here. I have not receive yet the Answer from her, what should I do? I start new job last week. Trying to manage everything on my own. Need help and have no money for... Read more »

John Espinosa
John Espinosa answered on Jan 25, 2018

Here is comprehensive information about the eviction process that should be helpful: http://www.masslegalhelp.org/housing/lt1-chapter-12-evictions

Also you should reach out to this legal clinic in your area and see if they can help:...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: How is prorating calculated for office subletting when they are renting the space for 2 days per week, 400$/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Jan 17, 2018

If you are renting the property for 2 days a week being Monday and Wednesday, then you would prorate at the number of Mondays and Wednesdays between the start date and the last day of the month.

2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: HOw do I prorate a month of rent to a subletter renting mondays and wednesdays for 400/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Jan 17, 2018

Unless agreed specifically, you prorate on the days of the month.

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1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: The building of my condo caught on fire. I would like to use my own contractor. Management said no.Is this legal?
Jonathan R. Roth
Jonathan R. Roth answered on Dec 12, 2017

Without reading your master deed or the association by-laws and rules it is impossible to be precise, but the answer is yes. Moreover there is likely a more important issue, the insurance carrier for the association is not going to deal with multiple contractors and claimants under its coverage. To... Read more »

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Massachusetts on
Q: Mother was left our home in grandmothers will, she will only have to split profits of the home if sold with ctd..

Living siblings. Executor asked for rent monthly to pay taxes and such for other apartment. (2 family dwelling). Executor has passed away now another sibling has said they are raising rent to repair home (which we live in) and we were not notified by deceased siblings wife nor given option to pay... Read more »

John Espinosa
John Espinosa answered on Nov 25, 2017

From your description it sounds like the property is co-owned in some way by your mother and her siblings/their heirs. All co-owners of a property are legally responsible for the expenses like property taxes. That is not "paying rent" in a legal sense since it is between co-owners, it is simply the... Read more »

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2 Answers | Asked in Landlord - Tenant and Probate for Massachusetts on
Q: Mother left home in will of grandmother

Executor was asking rent to pay taxes and such only clause was to split profit if home was sold. Executor has now passed away another sibling has sent a notebook paper note saying they are in charge now and raising rent what are the options mother has?

John Espinosa
John Espinosa answered on Nov 24, 2017

There is not enough clear information to anwser this question. Please write a more detailed explanation of the situation.

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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a landlord need to remove the second kitchen when combining two apartments as is done in New York?

I have not found any regulations stating that an apartment may not have two kitchens in Massachusetts. I'm moving in with a couple that recently had their apartment combined with another unit and the landlord capped the gas in the second kitchen under the impression (or advisory) that it was a... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 14, 2017

It depends on your local zoning and building rules. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

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