Archives for Real Estate Articles

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
Continue Reading

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
Continue Reading

Section 8 Case in Massachusetts

Tenant being evicted for not paying her share of the rent blamed Section 8 for not recalculating her share.  Tenant argued that GLM 186 Sec. 11 required the Landlord  and Court to wait for that adjustment.  The District Court Judge did not agree and that was sustained  on appeal.  The Landlord is not precluded from taking action when the tenant fails to pay their share of the rent. If you are in need of an experienced Section 8 landlord attorney to assist with you landlord tenant issue, please contact our law office for a case evaluation.
Continue Reading

Landlord Breach of Warranty of Liability

By Robert Jachowicz How does a minor maintenance issue turn into an expensive problem for a Landlord? The first question is whether your maintenance issue rises to a breach of the warranty.  The judge will consider inspection reports and board of health reports. If it is determined that the condition breaches the warranty of habitability some significant issues have to be resolved.  How will damages be measured?  Traditionally the Judge will consider a percentage reduction in rent for the time the condition existed.  The theory being the tenant should not pay the full rent for a “substandard” apartment.  The Appeals
Continue Reading

Landlord Serves Two Notices to Quit

By Robert Jachowicz A Landlord takes its chances if more than one ground exists to terminate a tenancy and the decision is made to issue two separate Notices to Quit concurrently.  For example if a tenant is behind in the rent and also in violation of a covenant in the written tenancy agreement, the Landlord could send a Notice to Quit for nonpayment of rent and a Notice to Quit for breach of the Lease. In a recent District Court Appellate Decision the tenant in Hingham District Court lost the case, but appealed this issue to the Appellate Division.  However,
Continue Reading

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
Continue Reading

Landlord Retaliation

By Robert Jachowicz – Most Landlords try to work things out with their tenants prior to bringing a Summary Process action in court.  By the time the relationship reaches that point, the Landlord is usually anxious to get started on the legal process.  However, it is at that point, before the case is filed that the Landlord needs to think about whether the Tenant can assert that the action is considered retaliatory by the law. Retaliation claims are reasonably complicated since there are two laws that apply, one law is a defense to possession and creates a rebuttable presumption of
Continue Reading

Important Notice About Your Closing (Buyers/Borrowers)

As you may know, our office represents your lender in matters relating to your request for a mortgage loan in order to purchase real estate. We have commenced an examination of the title and have ordered necessary information to complete the closing. When these matters are completed and reviewed by our staff we will notify you to arrange a time to close the loan. We will also advise you of any funds you may need to complete the transaction. You must bring CERTIFIED or BANK CASHIER’S CHECKS made payable to our firm for these funds. In addition, you must bring
Continue Reading

Representing The Interests Of The Buyer In Real Estate

If this is your first home purchase, or perhaps you haven’t purchased a new home in a while, the process may seem confusing. We hope that our office can make the entire purchase process easy and enjoyable for you. There are a few things to remember. First, understand that the lender’s closing attorney, and this includes our office if we are representing your new lender, represents the interests of the lender. Therefore, it is not the responsibility of lender’s counsel to advise you on your rights and obligations regarding your new home purchase. Because of this, we highly recommend that
Continue Reading

What You Should Know About Your Closing (Buyers)

INSURANCE: At the time of closing, please bring with you a homeowner Fire and Extended Coverage insurance policy or binder for such insurance either in an amount at least equal to the total of all new mortgages on the property or 100% of the replacement cost of all insurable buildings and other improvements on the land. IF YOU ARE GOING TO RELY ON THE 100% REPLACEMENT COST AMOUNT AS SUFFICIENT INSURANCE, THEN THE POLICY OR BINDER MUST STATE THAT 100% REPLACEMENT COST IS IN EFFECT. The insurance policy or binder must name all of the persons who will hold title
Continue Reading