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Massachusetts Landlord - Tenant Questions & Answers
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... 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... 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 »

1 Answer | Asked in Securities Law and Landlord - Tenant for Massachusetts on
Q: 30 day rule of security deposit. I moved out on May 31st they sent me a letter on June 29th didn't receive til 7/3

I repeatedly asked them for the money their are false reports of rent which I paid and have proof of. They signed move out form saying the apartment fine now they don't want to return it. Since I didn't get the letter until 7/3 the postmark is 6/29 Is that past deadline

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

Have they refunded you? If not, did they provide reasons and invoices for repairs in writing? 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,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: In apt. 7 years. Cats allowed. Carpet needs replacing. Paid security deposit + pet deposit. Sued if cost above deposit?

Security deposit was 850. Pet deposit was 250. Carpet will definitely need to be replaced but they would need to replace it anyways because I have occupied the unit for 7 years. The carpet may cost anywhere from 1200 to 1500. Can they sue me for damage costs that they would have paid regardless?

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

That may be considered normal wear and tear, but it depends on the damage you caused. 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,... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: My landlord evicting me for material violation what is this
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 25, 2017

That means a serious violation of the contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can a landlord prevent you from accessing the washer/drier (not Provided) in basement if the lease stated we would?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 13, 2017

What does the lease say exactly? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: My landlord says I can't use her mailbox and I renting here with no other place to get mail why can't I use the mailbox?

I've been renting here a room to be exact for about 9 months the rent is 175 but she says I can't use the mailbox and I don't understand why I can't . I have no where my mail would get me and if I did get mail here she would take it and not give it to me

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 8, 2017

You have a legal right to receive mail there. You can sue the landlord and report this to the postmaster as a violation of USPS laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: I rent the downstairs of a house(finished basement)our signed rental agreement since nov 2015 states everthings include

Can my landlord all of a sudden increase my rent AND now ask that I pay half the oil bill? I live in mass please help

Jonathan R. Roth
Jonathan R. Roth answered on May 4, 2017

The short answer is that the rent has to be reasonable and he can ask to increase the rent once the lease you have expires. If there is no lease then he can ask to increase the rent upon 30 days notice. My first question however is the basement apartment in compliance with local requirements to... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Landlord is requiring first month's rent for us (current residents) to RENEW the lease, is that legal?

We live in Boston MA, the landlord takes advantage of us and has done multiple things that violate housing laws in the area. We cannot afford to move, but do not want to be taken advantage of.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 20, 2017

You can sue for housing violations if you have evidence. I don't hear a per se problem with asking for first month's rent along with signing a renewal lease, but that rent is usually due at the start of the lease. More details are necessary to provide a professional analysis of your... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can my condo association refuse to let me park my commercial vehicle , no other vehicle?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 12, 2017

How big is it? What does your lease say? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can i be evicted for someone using my building key?

My sister went to the nearby park and came back,using one of our keys to get in. Landlord came up yelling and threatening a 30 day eviction if it happends again.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 10, 2017

If it's not forbidden in the lease agreement, I don't see a problem. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Can a neighbor build a wall in the hallway from my dor across the hall to his door and take over space and block my exit

New tenant across hall is building a wall/room to his bathroom which is seperate from his studio apt (its a old house converted to 4 units) in the process hes attached the wall to my main entrance door frame and plans to board off and or lock my other egress from the hallway side. This is all... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

Your landlord may need to stop this. Review the lease with a lawyer. This may also violate MA building codes, which you can report to the city or county. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... Read more »

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: What legal rights do I have as a tenant at will in an illegal apartment, who was evicted without notice?

The home owners will not allow me to come to the home and pack my many belongings and move furniture out. One of them has already gone through my things and threw my suitcases and some trash bags of clothes outside into the shed without my permission.

I lived there for about 2 1/2 years... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

See: http://www.mass.gov/courts/selfhelp/housing/evictions-tenants.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: My landlord gave us Summons and Complaint but we never got Notice to Quit for being late with rent.

We currently owe $1000 towards our March rent. Saturday 3/25/17 we received a Summons & Complaint with a court date of 4/13/16. From what I have researched about the eviction process in Mass the landlord is supposed to first serve you with a 14 day Notice to Quit. How should I respond to this?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

You can object to not receiving the Notice. See: http://www.mass.gov/courts/docs/lawlib/docs/notice-quit-14.pdf

See: http://www.mass.gov/courts/selfhelp/housing/evictions-tenants.html

More details are necessary to provide a professional analysis of your issue. The best first step is...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I'm disabled and my landlord is trying to get me to leave so he just served me with a 14 day notice to quit.

I'm 54, disabled with a service dog. Last year I went thru a 9 month legal fight to get my service dog back. He's trying to get me out to renovate my apt and re-rent it ( he already finished the three other apts). I suffered a severe injury last month and have been unable to make any... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 24, 2017

See: http://www.mass.gov/courts/selfhelp/housing/eviction.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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1 Answer | Asked in Consumer Law, Banking, Collections and Landlord - Tenant for Massachusetts on
Q: Someone stopped payment on a check owed me

Roommate guaranteed me if I left by a certain date she would give me my deposit back then stopped payment on her check

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 24, 2017

See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/securitydeposits.html

If the security deposit was owed to you, you may be able to sue for failure to refund it in a timely manner. More details are necessary to provide a professional analysis of your issue. The best...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I am a tenant with a 1 year lease. I pay my rent on time, and i have not been in breach of my lease contract.

I am a tenant with a 1 year lease. I pay my rent on time, and i have not been in breach of my lease contract. In my lease aggreement there is a no smoking addendum which states there can be no type of smoking in the building. My neighbor has been smoking and the smoke from his apartment a long with... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 17, 2017

Your landlord may be sued for breach of contract for not rectifying the matter. You can call the police re: drugs and assault/ battery. You may be able to sue for unlawful eviction: http://www.masslegalhelp.org/when-is-eviction-illegal

More details are necessary to provide a professional...
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