when to call a lawyer about your landlord 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.

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What are the laws for being a landlord in Massachusetts?

Nov 30, 2018 · 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, argue cases before the judge, mediate with your renters ...

How long does a landlord have to give notice in Massachusetts?

How do I find out my rights as a tenant in Massachusetts?

Can a Massachusetts landlord reject you for no reason?

May 06, 2022 · Landlord requires a written notice 30 days in advance of leaving. I want to leave within 25 days currently. The lease says that the penalty for not giving a 30 days notice is that I lose my deposit. I never paid a deposit and lease confirms that $0 was paid for a deposit.

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

Can I sue my landlord for emotional distress in Massachusetts?

What can you sue a landlord for in Massachusetts?

What is considered landlord retaliation Massachusetts?

Is verbal abuse a crime in Massachusetts?

How do you prove emotional distress?

How do you win a lawsuit against a landlord?

What constitutes a breach of quiet enjoyment in Massachusetts?

What is considered landlord harassment?

Can my landlord show my apartment during Covid Massachusetts?

Can you be evicted in Massachusetts right now?

Does a landlord have to renew a lease in Massachusetts?

What does a landlord have to do with an apartment in Massachusetts?

Whether a lease or a tenancy-at-will, the tenant must pay rent, follow the rules agreed upon with the landlord, and accept responsibility for any damage to the apartment that is more than just “normal wear and tear." The landlord must provide an apartment that is safe, clean, and in compliance with the Massachusetts Sanitary Code , and must keep any promises in the lease or rental agreement.

What are the obligations of a landlord?

Obligations of the landlord and the tenant. Whether a lease or a tenancy-at-will, the tenant must pay rent, follow the rules agreed upon with the landlord, and accept responsibility for any damage to the apartment that is more than just “normal wear and tear.". The landlord must provide an apartment that is safe, clean, ...

How to pay rent in a rental?

A landlord may only ask for the following payments up front: 1 The first month’s rent 2 A security deposit (which can not be more than one month's rent) to cover the cost of any damage to the apartment beyond normal wear and tear 3 The last month's rent (the month that will turn out to be the tenant’s last one in the apartment, not necessarily the last month on the lease) 4 The cost of a new lock and key for the apartment

What should landlords consider when signing a lease?

Landlords and tenants should consider their rights and responsibilities when creating or signing onto a lease, as well as laws, regulations, and issues related to renting and leasing an apartment.

What is a lease agreement?

A lease is a good option for tenants and landlords seeking stability in a tenancy. The written agreement between the tenant and the landlord should contain all of the rules that will apply to the tenancy.

What is a tenancy at will?

In a tenancy-at-will the agreement lasts for as long as both parties want to do business with each other. Sometimes there is no written agreement at all in a tenancy-at-will, but often the tenant is asked to sign a form that says “Rental Agreement” or “Tenancy-at-Will” at the top. This form should include the amount of the monthly rent and basic rules.

How long does a tenancy at will last?

A tenancy-at-will does not last for any set amount of time and does not end on a certain date, the way a lease does. In a tenancy-at-will the tenant pays the agreed-upon rent each month for an indefinite period of time. Either the landlord or the tenant can decide to end the tenancy by giving the other party notice either 30 days ...

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 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 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 to do if you are unsure what to do?

If you are unsure what to do, contact an attorney before you make a mistake. Attorney Roubicek Greenman reminds us, “A lawyer cannot make decisions for a landlord but can provide the best/worst options.”. Attorney Vickery reminds us that a landlord-tenant attorney can’t work magic.

Is it illegal to retaliate against a tenant in Massachusetts?

Don't Retaliate Against a Tenant Who Exercises a Legal Right. It is illegal to retaliate in Massachusetts —for example, by evicting a tenant for complaining to a government agency about an unsafe living.

What happens if you violate security deposit laws in Massachusetts?

For example, if you violate state security deposit laws, you face a potential tenant lawsuit in small claims court. Or you may end up in court for failing to maintain your rental property or illegally discriminating in your choice of tenants. The bottom line is that too many landlords end up spending a great deal of time and money (attorney fees and court costs, or, in some situations, extra damages for especially outrageous behavior)—that could have been saved by following the law.

What is a rental agreement?

The rental agreement or lease that you and your tenant sign sets out the contractual basis of your relationship with the tenant, and is full of crucial business details, such as how long the tenant can occupy the rental and the amount of the rent. Taken together with federal, state, and local landlord-tenant laws, ...

What is the implied warranty of habitability?

You are legally required to keep rental premises livable in Massachusetts, under a legal doctrine called the "implied warranty of habitability." If you don't take care of important repairs, such as a broken heater, tenants in Massachusetts may have several options, including the right to withhold rent or to "repair and deduct."

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord evicts you?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

Can a landlord enforce a lease in Massachusetts?

Enforcement of the Lease Terms. A Massachusetts landlord has the right to enforce the terms of the agreed-upon lease, so long as the terms are not illegal. When two parties negotiate terms of a lease, which is a contract, that agreement should be respected and both parties are obligated to follow the terms of the lease.

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 are the damages to 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: 1 carpets, 2 walls, 3 structural elements, 4 appliances, and 5 other property.

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.

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 happens if a tenant doesn't pay 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. You and your attorney can fight to recover the money the tenant owes you for every missed payment.

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.

Is a landlord liable in Massachusetts?

In certain cases, the law in Massachusetts now makes your landlord liable to other people who are closely related to you and who themselves suffer by your distress.

Can you sue a landlord in Massachusetts for money damages?

In Massachusetts, if a landlord interferes or fails to make repairs which result in your inability to use and enjoy your apartment, this may be a breach of quiet enjoyment. You may sue her for money damages or court orders in the following situations:

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 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.

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

What happens if a landlord shuts off heat?

The Massachusetts legislature has recognized that tenants are consumers of one of the most significant consumer products—housing.33 Under the state Consumer Protection Act, called “Chapter 93A,” it is illegal for a landlord to threaten, attempt, or actually use any unfair or deceptive acts against you or anyone in your house.34 For example, if your landlord intentionally shuts off your heat, this would be an unfair or deceptive act that violates the Consumer Protection Act. If your landlord acts in an unfair or deceptive way and this causes you to be "injured,"35 you can take her to court, and possibly get money damages or an injunction against her. An injury can include not only actual out of pocket loss, but other types of harm, such as emotional distress,36 and even loss of time at work. You may also be entitled to reasonable attorney's fees and the amount of your actual loss.37 If you can show that your landlord should have known her acts were unfair or deceptive, you can sometimes get double or triple the amount of your money damages.38

Which state has the worst landlord tenant laws?

Massachusetts may have the worst landlord-tenant laws in these United States. We cannot charge a late fee before 30 days, which is twice the next nearest state, Maine, at 15 days. We have to store an evicted tenant’s belongings for six months, which is three times the next nearest state, Vermont, at two months.

Is it illegal to write something into a lease?

It happens regularly. A new or inexperienced landlord writes something into a lease or takes some action that seems reasonable, but in fact is illegal. The law wasn’t written by landlords.

Is it better to own or rent a property if your rent is higher than your mortgage?

Another common-sense fallacy is that if your rent is higher than the mortgage, you’re better off owning than renting. Not true! In fact, if you own a rental property, you might need the rent to be twice the mortgage payment just to break even.

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Security Deposit issues or bad conditions in need of repair? We can help.

Massachusetts landlord or tenant attorneys

Landlord tenant law concerns landlord and tenants' rights and responsibilities. Because the apartment you rent is your own personal space, the law places many limits on landlords' activities.

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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