Lawyers, Answer Questions  & Get Points Log In
Massachusetts Landlord - Tenant Questions & Answers
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... 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... 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 »

View More Answers

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:...
Read more »

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... 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.

View More Answers

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 »

View More Answers

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.

View More Answers

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.