when to call a lawyer about your landlord in massachusetts

Tenants: If you have been served with a Notice to Quit, or are having problems with your landlord or apartment, call the office for a consultation. Bring with you your lease, tenancy agreement, statement of condition and any receipts the landlord has given you for your first or last month rent or security deposit.

Full Answer

What can a landlord do if a tenant refuses to leave?

If the tenant does not voluntarily leave on the date specified by the court, a landlord must arrange for a sheriff or constable to serve an executed judgment on the tenant ordering them to leave and, if necessary, relocate any personal property belonging to the tenant to a licensed public warehouse.

How do I resolve a dispute between a landlord and tenant?

In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant. If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.

When does a landlord have to give a tenant a statement?

The landlord should give the tenant a “statement of condition” within 10 days of the beginning of the tenancy or upon receipt of the security deposit (whichever is later), which describes the condition of the apartment and any damage that exists at that time. The tenant has 15 days to add to the “statement of condition” or make changes to it.

When does a tenant have to pay a late fee?

The tenant must pay a late fee if a rent payment is even one day late. (A lease or rental agreement may permit the landlord to charge a late fee if a rent payment is 30 or more days late.)

How do I file a complaint against a landlord in Massachusetts?

In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant. If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.

How do I sue a landlord in Massachusetts?

You Must Send a Demand Letter. To recover damages under the Consumer Protection Act, the law requires that you first send your landlord a written demand letter at least 30 days before you file a law suit. The purpose of a demand letter is to tell your landlord how she has violated the law and what you want her to do.

How long does a landlord have to make repairs in Massachusetts?

14 daysThe landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.)

How do you prove landlord negligence?

One way to prove landlord negligence is by proving that:A law related to safety was broken by the landlord.The purpose of the said law was for the welfare and safety of the tenant.The injuries sustained were the kind the law intended to prevent.More items...

Can I sue my landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.

What are my rights as a tenant at will in Massachusetts?

A Tenant at Will is one who occupies a rented apartment without a lease, but pays rent periodically (typically monthly). Either the landlord or the tenant may terminate this arrangement at any time by giving written notice of 30 days or one full rental period in advance, whichever is longer. No reason is required.

Can a tenant withhold rent for repairs in Massachusetts?

If a landlord won't make a major repair—or violates key parts of the lease—tenants in Massachusetts are allowed to withhold rent. In Massachusetts, tenants are protected by something known as the implied warranty of habitability.

What is a landlord responsibilities for in Massachusetts?

Duty to provide habitable premises You must provide habitable apartments and common areas for the entire tenancy in accordance with the minimum standards of the State Sanitary Code which seeks to protect the health, safety, and well-being of your tenants and the general public.

How long tenants have rights?

Before the tenancy starts They are agreed for minimum of 6 months and give you the exclusive right to live in the property.

Can I claim compensation from my landlord?

The court can also award compensation called damages. Damages put you back in the financial position you would have been in had your landlord made the repairs when they should have done. You can get damages if: you've been injured or made ill.

What duty of care does a landlord owe a tenant?

Your landlord owes you certain duties of care that are set out in this Act. They include a duty to prevent personal injury or damage to property caused by defects in your home. This duty is owed to you, members of your family, and also to visitors to your home.

Under what conditions can a landlord become liable for a crime committed against a tenant?

A landlord must evict a disruptive or troublesome tenant that violates lease terms or violates local, state, or federal law. Failing to do so can make the landlord liable for any injuries resulting to tenants from actions by illegal drug users, dealers, and manufacturers on their property.

What is the CMR 410 code?

105 CMR 410 State sanitary code chapter II: minimum standards of fitness for habitation#N#Details all the key requirements for the property, including kitchens, bathrooms, electricity, ceiling height, and much more

Does a lease give a landlord the right to inspect an apartment?

The Appeals Court also held that a lease which permits a landlord a right to access an apartment for purposes of inspection and repair does not create blanket authority for the landlord to enter at any time without the tenant’s permission in derogation of a tenant’s quiet enjoyment rights under statute. Worcester v.

What can a landlord tenant lawyer do?

What a Landlord Tenant Lawyer Can Do. A landlord tenant lawyer can advise you on your rights. These rights could concern your rental property, the claims of your renters, or issues with municipalities (like code enforcement). A landlord tenant attorney can draft rental agreements, sign eviction notices, file cases in court, ...

What is the difference between an attorney and a lawyer?

In actual practice there’s little difference between a lawyer and an attorney. Lawyers are trained in the law but may or may not offer their services to the general public. Whereas an attorney-at-law is someone both trained and specifically admitted to practice in certain courts on behalf of clients. Since most people don’t know the difference, and ...

What is the process of eviction?

Regaining possession is more widely known as “eviction” and legally is called “summary process.”. “A lawyer can review all of your documents, draft ...

Can an attorney practice in all areas of the law?

An attorney might be allowed to practice in all areas of the law, but they aren’t necessarily qualified to do so. For instance, it takes special experience and training to practice landlord tenant law. It takes a different set of experience and training to close on the purchase of a new property, correct a title defect, or dispute a tax lien.

Can a lawyer represent you in court?

Also, a lawyer is the only person who can lawfully provide legal advice. A court will not allow anyone other than an individual landlord or a lawyer to ‘represent’ anyone in court,” she said. This means you cannot appear as the “manager” during an eviction if you are not written into the lease as the lessor.

Can you win an eviction case for free?

You can prepare your own evidence and cite your own sections of the law. If you are civil and polite, and your case is clear cut, you may win easily and for free. Before you decide to save on the cost of a landlord advocate, consider that paying for landlord help with eviction can save you months of lost rent.

Can an attorney take your case?

Normally, once an attorney agrees to take your case, they are ethically bound to see your case through to the bitter end. In the last couple of years, attorneys have been permitted to practice “limited assistance representation,” which means they can help you even if they aren’t committed enough to take your whole case.

What rights does a landlord have in Massachusetts?

These rights include more than just the right to collect owed rent, but also the costs of damages and possibly contract breach damages when dealing ...

What happens if a tenant breaches a lease in Massachusetts?

When a tenant breaches a lease or rental agreement, it is important that you enforce your landlord's rights. Massachusetts law grants landlords different remedies including the right to evict a tenant, and with experienced legal help, you can effectively protect your rights.

What happens when a tenant damages a rental property?

When a tenant causes damage to your rental property, the tenant should be responsible for those damages. This could include damage to things such as: carpets, walls, structural elements, appliances, and. other property. Evidence can be presented in court through the eviction process or separate action (depending on the tenant) ...

What is back rent?

When a tenant fails to pay rent, whether for one month or many, the landlord is entitled to that rent, referred to as "back rent.". Make sure to keep good records of all missed payments, as well as the records of previously made payments. Well-kept records are crucial to proving what you are owed.

What is the obligation of a landlord to mitigate damages?

Landlords have certain obligations to mitigate damages, such as by advertising the property to other prospective tenants. Failure to mitigate damages, or failure to at least attempt to mitigate in good faith, could result in the inability to collect the total rent that would have been owed.

What are landlord rights?

Landlord Rights for Breach of the Lease Agreement. A landlord can protect his or her rights through certain methods of recovery. Some of the most common methods are listed here, but experienced legal counsel has a large playbook ready to use to protect your rights, not all of which can be described here.

When does a tenant leave the property?

This occurs when a tenant leaves or abandons the property early before the term of the tenancy was actually set to end. For example, if a tenant was supposed to leave in July but actually left in February, the landlord is allowed to pursue the amount of rent that would have been paid over those months.

What happens if a landlord doesn't follow the steps?

If they fail to follow these steps, they are in violation of landlord-tenant laws, and you may be able to pursue legal action against them.

Do you get back your security deposit in Massachusetts?

A landlord is legally obliged to give you back your security deposit as outlined in your rental agreement. If you take your landlord to court, you may be awarded two to three times the amount of your original security deposit.

Can you take legal action against a landlord for negligence?

If you can prove that your landlord was negligent over the course of your rental agreement, you may be able to take legal action against them. There are many examples of negligence, but what this generally means is that the landlord failed to provide you with a healthy, safe living space. Here are some reasons why a landlord might be guilty of negligence:

What to do if landlord refuses to obey law?

If you tried to resolve a problem with your landlord but they refuse to obey the law, you may decide the only way to fix the problem is to take them to court.

What to do if landlord commits a crime?

If your landlord commits a crime, contact the police right away. Crimes include entering your apartment without your permission, cutting off your utilities, locking you out, or attacking you. Ask the police to file a criminal complaint.

What is a warrant of habitability in Massachusetts?

Under Massachusetts law, all landlords owe tenants what is called a “warranty of habitability.” This means that a landlord is obligated to keep your apartment in good condition from the time you first move in until you leave.4

How much is a landlord fine for not providing locks?

landlord is required to provide adequate locks for your individual apartment, as well as locks at the building entrances if you live in a building with more than 3 apartments.93 Willful failure to provide locks can result in your landlord's being fined up to $500.

What is it called when your landlord cuts off your utilities?

Sometimes landlords are responsible for conditions that interfere with you using your apartment. This is called a “breach of quiet enjoyment .” For example, cutting off your utilities if your landlord is supposed to pay them is a violation of this law.

How long is a trespass charge in jail?

If the owner enters your apartment without your permission, she is guilty of trespass. Conviction on a trespass charge is punishable by up to 30 days in jail and $100.91 For more information, see

What to do if your landlord breaks into your apartment?

Some landlords act in ways that violate criminal laws. If your landlord breaks into your apartment without your consent, assaults you, or commits any other serious offense, call the police at once. Ask the police to seek a criminal complaint against your landlord. When the police request that a criminal complaint be issued, they are almost always successful. For more information about criminal cases, see Chapter 14: Using the Court System - Criminal Cases.

What is the penalty for violating Massachusetts security deposit laws?

Security Deposit Issues: A landlord who has violated the Security Deposit laws in Massachusetts can receive a severe penalty, sometimes as high as three times the amount of the original security deposit.

Can landlords run into trouble in Massachusetts?

Landlords can run in to trouble when they do not follow common procedures required of landlords by Massachusetts law. Although tactics or remedies used to manage landlord-tenant disputes may seem reasonable at the time, in many cases landlords are placing themselves in a vulnerable position legally.

Can an out of state landlord survey their property?

Out of state landlords are not in a position to survey their property or efficiently manage the eviction of tenants. Hiring an attorney experienced in tenant evictions can save an out of state landlord a lot of stress as well as a lot of money. Learn more. There are several lawful reasons to evict a tenant.

Responding to Commercial Tenant Complaints

Enforcement of The Lease Terms

Landlord Rights For Breach of The Lease Agreement

Consult A Massachusetts Commercial Landlord Attorney at The Katz Law Group

• When a commercial tenant breaches a lease or rental agreement, it is important that you enforce your rights as a landlord. Massachusetts law grants commercial landlords different remedies including the right to evict a tenant, and with experienced legal help, you can effectively protect your rights. At the Katz Law Group, we are highly experienced ...

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