From the category archives:

Landlord Tenant Law

Massachusetts Security Deposit & Last Month’s Rent: Traps For The Unwary Landlord

August 10, 2010

Rent Deposits: To Take Or Not To Take? With the students invading Boston any minute now, it’s a good idea to review last month’s rent and security deposits – one of the most heavily regulated aspects of Massachusetts landlord-tenant law and fraught with pitfalls and penalties for the unwary, careless landlord. In my experience, landlords [...]

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Massachusetts Property Owners Now Have Legal Responsibility To Shovel and Treat Snow and Ice On Property

July 28, 2010

SJC Overrules 100 Years of Massachusetts Snow Removal Law Hard to think about snow and ice in July, but I had to blog about an important ruling on Massachusetts snow removal law. In a much anticipated ruling issued this week, the Massachusetts Supreme Judicial Court overruled 125 years of legal precedent and announced a new [...]

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The Students Are Coming, The Students Are Coming! A Mini-Review Of Massachusetts Landlord Tenant Rental Law, Part 1.

July 20, 2010

In a few weeks, the *quiet* streets of Allston, Brighton, Cambridge, Boston and other Massachusetts tenant friendly cities will turn into the zoo that is known as student moving week. So it’s time to review frequently asked questions for Massachusetts landlord tenant rental law. Screening Prospective Tenants Landlords can legally ask about a tenant’s income, [...]

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Massachusetts Senate Passes Foreclosure Protection, Homestead Update, and Consumer Protection Bills

May 5, 2010

Update (June 28, 2010): The bill is heading up to Gov. Patrick’s office for approval. The Massachusetts Senate recently passed wide-ranging legislation that updates the homestead law, protects tenants in foreclosed properties from arbitrary evictions, criminalizes mortgage fraud and certain unsolicited loans. The legislation, part of a series of consumer protection bills that passed the [...]

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Massachusetts Lead Paint Law Advisory: Family Unfriendly Policies Can Get Landlords Into Big Trouble

February 16, 2010

Breaking News (8/10/10): Two Local Real Estate Firms Fined By Mass. Attorney General For Lead Paint Housing Discrimination My Boston.com fellow blogger, buyer’s agent Rona Fischman, has fielded several questions recently regarding the Massachusetts Lead Paint Law. Prospective renters have called apartment listings only to be hung up on abruptly with a “It’s not deleaded!” [...]

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Massachusetts Landlords And Realtors Settle Discriminatory Housing Practices With Attorney General

October 29, 2009

Massachusetts Attorney General Martha Coakley today announced that her office has settled 20 cases against landlords and real estate agents accused of violating state anti-discrimination laws across Massachusetts. The companies allegedly made discriminatory statements in online rental advertisements on Craigslist.org which stated “no children” or “no Section 8.” Section 8 is a rental subsidy program [...]

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A Quick Question & Answer Session On Massachusetts Condominium Law And Liability Issues

October 28, 2009

Rona Fischman, a buyer’s agent and co-author of Boston.com’s Real Estate Now Blog asked me to answer a couple of questions regarding condominiums on her Boston.com blog which I’ve reprinted here: Is an individual unit owner liable if someone gets hurt in the condominium’s common areas? The answer is most likely not. This is good [...]

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Massachusetts Landlord Tenant Law: A Legal Refresher Course For Landlords

July 28, 2009

With the impending influx of renters and students invading the Greater Boston area soon, let’s review some often asked questions concerning Massachusetts landlord tenant law to assist landlords in navigating the rental process. Screening Prospective Tenants: What You Can and Cannot Ask? Landlords can legally ask about a tenant’s income, current employment, prior landlord references, [...]

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Massachusetts Security Deposit Law: To Take A Security Deposit Or Not To Take One, That Is The Question.

August 5, 2009

My last post on this blog and on Boston.com on Massachusetts landlord-tenant law spawned many questions on the Massachusetts security deposit law. So, I decided to go into more detail about the topic. Massachusetts Security Deposits–An Overview Last month’s rent and security deposits are one of the most heavily regulated aspects of Massachusetts landlord-tenant law [...]

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Residential Landlord’s Implied Warranty Of Habitability Extended To Guests Of Tenants

September 23, 2009

The Massachusetts Supreme Judicial Court ruled last week that a landlord was liable for breaching the implied warranty of habitability when a tenant’s guest seriously injured himself falling from a defective porch. The case is Scott v. Garfield, and can be found here. What’s the Implied Warranty of Habitability? The implied warranty of habitability is [...]

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Newly Formed Company Liable For $1.2M In Back Rent Under Corporate Successor Liability Theory

September 14, 2009

Apparently for the first time, a Massachusetts trial judge has used a newly decided corporate successor liability theory to hold a newly formed company responsible for the debts of its predecessor, yielding a $2 million judgment for back rent and interest. The plaintiff in the case, Renaissance Worldwide, had leased space to Sitara Networks, a [...]

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