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Massachusetts Landlord - Tenant Questions & Answers
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

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I had a heated argument with a property manager due to a mice problem in my house. What i need to do?

I am living in an apartments in MA and we were having a MICE problems with our Apartment and we have made several complains yet the issues is not fixed completely. Today we had a maintenance visit at 9.00 AM and they opened up the heater went (with Dead Mice Inside) and left the home to attend some... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

Sue or vacate because of a phone argument? That sounds a bit much. But if they're not abiding by their contractual maintenance duties, then put your concerns in polite written communications to them (e.g., email, a mailed letter, fax). If they don't comply, you might choose to sue or... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: my son has been notified by his landlord that she is not going to renew his lease. Does he have any rights to stay longe

Family of 3, they have a 7 year old boy. They have been late, by less than a week 3 times in the past year. Last month approx 2 weeks late due to bank error. They owe no back rent. They don't want to move, and if they must, need more than 30 days to do so. Live in MA. What should they do next?... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

It depends on local rent control laws, if applicable; on the terms of the contract; and on the relationship/ communications between the landlord and the tenants. But generally, landlords are not required to renew leases, barring these aforementioned possible exceptions. The best first step is an... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I am a landlord of a 3 owner condo. The 2 owners and their tenants demand that my tenant stops smoking pot.

The lease I provided does not mention smoking. My tenant claims he smokes outside the house in the patio and refuses to stop. Other tenants claim they are bothered by the smell and are supported by their landlords who ask me to address the situation. Is refusal to comply on my tenant's part... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

If your tenant is smoking in or too near the building such that they're causing a nuisance, violating any contracts you have with the other owners, or violating any statutory laws, then you may be liable. The best first step is an Initial Consultation with an Attorney to consider any liability... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: What can I do if a roommate don't pay deposit and rent? and break lease?

I recently got a roommate moving in. Since I'm the first one signing the lease, I already paid the full deposit.

We co-signed the lease with management office. The lease ends at December 2016. Now she's moved in for a week, not paying rent, and wants to moving out without paying... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

You can sue for breach of contract, unless you negotiate a resolution. 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, or warranties; or create any... View More

1 Answer | Asked in Estate Planning and Landlord - Tenant for Massachusetts on
Q: I lived with my landlord for over 9 yrs he gave me gifts can the executor make claims to them

He was my godfather whom passed away he loved me like a daughter and I called him dad and now this executor is trying to claim things that don't belong to him and has not made no rental agreement with me and is not taking care of anything he harasses me and stalks me and scares my adult child... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

If you're seeking to challenge the executor's actions, including the eviction, you can file pleadings to this effect in the related Court. 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 Contracts and Landlord - Tenant for Massachusetts on
Q: Can my roommate sue me for rent if I don't live there anymore but our lease isn't up?

I live in Massachusetts. I told my roommate about a month ago that I am leaving in mid May, but her new roommate isn't moving in until mid July and they want me to pay the rent until then. Our lease goes until November. What options do I have? What happens if I don't pay rent since... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

It sounds like you might be breaching a contractual duty by moving out early and not paying what you owe. You may be sued for that for more than just the rent, including additional damages. Further, it sounds like an unethical move. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: lanlord did not pay me my full security deposit and i am taking him to small claims can i cash the check he gave me

he states that i am responsible for mold growing between the pad and sub floor in two rooms and charged me for the repairs. can i cash that check in the mean time?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 13, 2015

Probably. He might claim that the doctrine of "accord and satisfaction" applies, but it is doubtful that he could prevail on that theory.

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Management Co. is refusing to return my lease deposit. Will I need a lawyer because I can't afford one?

The reason Management Co. is refusing to return our deposit is because they claim we did not pay the last month rent of our lease agreement which is totally a perposterous thing to say. We have that canceled check proving they took our rent for that month. We've gone in the leasing office... View More

Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Aug 3, 2011

In many jurisdictions, if the landlord does not return the security deposit within 30 days from the date the tenant moves out of the premises, the tenant may sue to recover double the amount due, plus court costs. In many jurisdictions, if the amount sought is $3,000.00 or less, the tenant may sue... View More

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