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Massachusetts Landlord - Tenant Questions & Answers
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,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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,
Ali Shahrestani,
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... View More

Ali Shahrestani,
Ali Shahrestani,
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,
Ali Shahrestani,
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... View More

Ali Shahrestani,
Ali Shahrestani,
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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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I reported a moisture issue that is causing mold to grow in my apartment. 2 months have passed no effort to fix issue

Since first reporting i follwed up with a call asking when the problem will be fixed..and txt including pictures. the ceiling has fallen and looks like more will fall due to moisture.she said she will deliver water absorbing crystal which she hasnt provided in over a week since she said so.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 27, 2017

You can sue for violation of contract and implied warranty of habitability. See: http://www.mass.gov/ocabr/consumer-rights-and-resources/housing/tenant-and-landlord/tenant-rights.html

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: 3rd party advises landlord of intent to use all avail parking. Despite this knowledge landlord rents to me. Legal?

This was a one-day space rental agreement which has no premises clause, and refers only to the address and capacity of the building. Landlord did not have a listing sheet, so my acceptance of the property as suitable for my purposes was based on a visit to the property. I observed the building on... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 13, 2017

What does your lease say about parking? 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... View More

2 Answers | Asked in Car Accidents and Landlord - Tenant for Massachusetts on
Q: can i ask my landlord to pay for damages to my car?

my landlord is responsible for snow removal at the apartment complex i live in, yesterday during a bad snow storm i slid into a tree because the maintenance man was in surgery so couldn't come plow the roads in the complex

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

It sounds like your landlord may be liable for failure to maintain the driveway. 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,... View More

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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Is there any way to evict a tenant without going to court?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Evictions should be filed in court with assistance of counsel.

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

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: If I made an agreement with my landlord threw court process without a judge. Can i ASK a judge for more time to vacate
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

Any settlement agreement between you and the landlord should be entered into the record along with a motion to request an order based on said agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I have signed a relinquish form for a lease in Allston and they are saying it is void

I have signed a relinquish form for a lease in Allston and they are saying it is void since I havent a roommate replacement. I dont think my lease has any clause like that and neither does the form that I signed. I am paying rent for 2 places for a month and I want some advice as to what can be... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

Have a lawyer review your lease and discuss with you the reasons you want to relinquish the home. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees,... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can I be forced to repay rent retroactive for a year in subsidized housing in Mass due to error of the facility?

The facility misread my social security statement and never questioned me about any amount. It was also approved by the manager.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

If you had reason to know or knew about the mistake, then they may have a point in seeking funds from you for past due rent. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I lost my job in september and no longer could afford my rent. I went to the leasing office and they told me that i

would have to pay three months to move out with 60 days notice. then a month later my apartment flooded. I went and asked them to break my lease...again.. they said that i would have to pay 3 months to move out that the only thing they could do for me was move me to another unit and once i did they... View More

Paul D. Lambert
Paul D. Lambert
answered on Jan 12, 2017

The Western Housing Court has jurisdiction over residential properties in Springfield.

If you have a Lease (and from your description you do) and if you are unable to pay that Lease (and it appears that you have not) then the Landlord/Management Company can bring a Summary Process Action...
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2 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: I wanted to know if the landlord doesnt allow dogs but you get a letter can they still not allow the dog
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

Who is the letter from? The landlord has the right to allow or disallow dogs on his/ her property, assuming it's not a specially licensed dog for a disabled person. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: my roommate is demanding money or threatening i be evicted

long story short, i live with my wife who is not currently on the lease in my apartment. The leases are written on a room by room basis, not for the whole apartment. At first this was no issue, now my room mate is demanding money, or he will inform my landlords that i am "breaking... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2017

A lawyer should review your lease terms and facts of your case to answer your questions.

RE: extortion, see: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section25

The best first step is an Initial Consultation with an Attorney. You can read more about me on...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: Can I be forced to give up a dog based on how it looks, due to breed restrictions of landlord's homeowners insurance?

I am looking into adopting a dog, and have gotten my landlord's permission to do so, albeit with some restrictions. His homeowners insurance company has blacklisted several breeds, including pit bulls. The dog I am interested in rescuing is labeled as a lab mix, and it is a puppy, so it is... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

Better safe than sorry: avoid adopting a dog that might violate your landlord's terms and insurance requirements. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Landlord denies to pay the deposit back, where I have'nt enetered the apartment or got the keys. What should I do?

Me and my friend signed a lease for an apartment in charlestown boston and paid $1500 as deposit. Now my friend has to move to another state due to his family emergency. I cannot pay the whole rent by myself, so started looking for other roommate. But the landlord says he does'nt have time to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

You leave out some crucial facts. If you signed the lease, then the landlord has to give you the keys; otherwise he's in breach and would have to return your money to you. If you signed the lease, it's your duty to pay the full rent. If you need a roommate and your lease allows sublets,... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: what can i do about a landlord not making necessary repairs?

Hello. I have lived in my current apartment about 9 months now. When we moved in it was winter (february) and we noticed the windows needed work. One is broken(actual piece of broken glass, taped to stay together) multiple do not open/stay open. one falls out if it isnt locked, and two-3 are uneven... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

Keep all communications in writing so you have a record of them. If the landlord is neglecting their duty to reasonably and timely maintain your apartment in good working order, you may be able to pay for repairs yourself and deduct if from the rent. Definitely talk to a lawyer first about this so... View More

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