Archives for Landlord / Tenant Questions

How Important is the Landlord’s Notice to Quit in Massachusetts?

When a Landlord decides to begin the process of an eviction the first formal step is to issue a written Notice to Quit. A recent case illustrates that if the Landlord does not get the notice to quit right it can result in a dismissal of the Court case. To get the Notice right the Landlord has to first make what is essentially a legal determination as to the type of tenancy he or she is trying to terminate. A Tenancy At Will Notice is different from a Tenancy At Sufferance Notice. In the case the Landlord thought the tenancy
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Section 8 Rental Assistance Terminations

Housing Authorities and other agencies issue rental assistance vouchers which tenants use to rent market rate apartments. The subsidy paid under the voucher makes the apartment affordable because the voucher holder pays their share of the rent according to their income, and the Section 8 program makes up the difference by a payment to the Landlord each month. However, the tenant has to follow the program rules or the subsidy can be terminated and the tenant would then have to pay the full market rent. Since the termination of the subsidy usually means the tenant will no longer be able
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How Landlords Should Handle Counterclaims in Massachusetts

By Robert Jachowicz Counterclaims and defenses raised by a tenant in an eviction raise complicated issues in Massachusetts. In a recent case the Appeals court said the Trial court Housing Court judge got it wrong and the Supreme Judicial Court said the Appeals Court got it wrong. It is easy to understand why Landlords have trouble navigating their way through the laws and procedures that apply. If an eviction is for cause a tenant can raise defenses. If the eviction is on some other ground, such as non-payment of rent, the tenant can also raise counterclaims. In a recent case
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Who is responsible for the water damage? Landlord or tenants?

Additional  Information: I am a landlord in Sudbury and one of our tenants reported water and damage in the basement.  When I came to check it out, I discovered that they moved the washing machine (that is provided for their use) and thus the leak and damage.  As the landlord am I required to pay the repairs or are the tenants?  There’s nothing about this in the lease.   Thanks in advance. ATTORNEY ANSWER: The tenant is responsible for damage caused by the tenant.  However the proof of something like this can be difficult without someone knowledgeable about that appliance testifying
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Did my tenants abandon the property? Will I ever get the past due rent paid?

Additional Information: I’m a landlord of a 3 family in Marlborough.  One of the tenants has failed to make any payment for four months. On arrival to the property to give an eviction notice, no one was there. The property surrounding the house was full of the tenant’s property and there was trash and moldy food in the kitchen.  I talked to the neighbors and they said the tenants had left two weeks prior. The gas and electric were shut off.   So since they essentially abandoned the property, as a landlord do I have the right to dispose of the
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Does a Property Manager have the right to enter a property without the unit owner’s consent?

ATTORNEY ANSWER: Yes, under certain circumstances set forth in the law.  The property manager may enter in accordance with a court order, if the premises appear to be abandoned by the lessee, or to inspect within the last 30 days of the tenancy or after either party has given notice to the other of the termination of the tenancy for purposes of determining any damages to the unit.  The lease should provide for access with notice to inspect, to make repairs and to show the premises to a prospective tenant.
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I have several rental units in Massachusetts. One tenant is causing problems.

Additional Information: My tenant is behind in the rent and is also creating problems with neighbors. When should I contact a lawyer? ATTORNEY ANSWER: Effective property management requires many skills, but at some point, when every other effort has failed, will require an action in court to resolve the issues. When a tenancy has reached that point is a judgment call by the owner. However, early contact with an attorney will ensure that once you decide to proceed with legal action, you understand the significance of each step of the process and that your actions will pass judicial review. We
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Is it better to use a written lease with my residential tenant or rent to them from month to month?

There are advantages and disadvantages to each option, and your choice depends on your goals and plans for the property at issue. A written lease generally locks both parties into the landlord/tenant relationship for a set period of time. It binds a tenant and can offer protections to a landlord, but also gives the tenant the right to remain at the property through the lease term as long as he/she pays the rent on time. Where a landlord is not sure either that the tenant is a good, long-term investment or is considering selling the property, what’s called a tenancy-at-will
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Should I take a security deposit from my residential tenant?

Security deposits in the residential arena can be tricky. The law is complex and includes mandatory triple damage penalties and legal fees against violating landlords. For this reason, you should carefully consider whether a security deposit makes sense, keeping in mind that taking only last month’s rent from your tenant is far simpler and less risky. Before you take a residential security deposit, be sure you understand all your obligations and are prepared to meet them meticulously.
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