A recent WBUR article discusses the lengthy (and often expensive) process landlords must go through to evict a tenant. Unfortunately, this story is not unusual: I have seen many landlords spend considerable time in the eviction process due to some tenants’ endless delay tactics. Such a process always begs the inevitable question from my clients: what can a landlord due to protect themselves during the eviction process? Here, I will discuss some things that can be done to protect landlords during these cases. Hire a Lawyer It may seem obvious, but one of the most important protections for land ..read more

The legal process of obtaining possession of rental property always requires a landlord to bring a formal court case against a tenant, known as an eviction (formally referred to as “summary process” in Massachusetts). However, filing an eviction alone does not entitle a landlord to possession. A landlord must obtain a legal document, known as an execution for possession, to physically remove a tenant from rental property. An execution for possession is a simple, one-page legal document that permits a constable or sheriff to remove a tenant from rental property. The process for obtaining and a ..read more

Every Massachusetts landlord needs to know and follow the important topic of when to return a security deposit. The seemingly minor mistake of not returning a security deposit in a timely manner can incur enormous penalties for landlords. Security Deposit Overview The Massachusetts security deposit law regulates nearly every aspect of a landlord’s acceptance, holding, and return of a security deposit. Both landlords and tenants are often surprised by the details of this law and how many nuances exist with security deposits. Few lawyers (myself included) claim to understand every line of this ..read more

Housing Court Specialist Status Conferences are one of the many changes to the court system during and after the pandemic. In this post, I’ll discuss the roles of these conferences in the Massachusetts eviction process. Eviction Overview In Massachusetts (like most states), an eviction is required to obtain possession of rental property. Landlords can never force a tenant out of a rental property without a court order. Doing so will get a landlord into enormous trouble. Evictions (known formally as “summary process” in Massachusetts) are often filed in Housing Court or District Court. Before ..read more

The Appeals Court issued an interesting decision last week about the important landlord-tenant topic of how to return a security deposit. The decision, Slater v. Traynor Management, is included below. Massachusetts law covers nearly every aspect of a landlord’s acceptance, holding, and return of a security deposit. The law is long, complicated, and nearly impossible for most landlords (and their attorneys) to understand fully. Penalties for non-compliance with the law can include treble damages and attorney fees. The most stringent requirement of this law is the deadline for returning a secur ..read more

The Boston Globe interviewed me last week on negotiating a lease and whether this can (and should) be done. In my opinion, lease negotiations are possible. Here, I’ll discuss some tips for both landlords and tenants. Please note that I am writing this blog post for residential leases, not commercial. Commercial leases come under an entirely different set of laws and require a much different analysis. Advice for Landlords The goal for every landlord is to avoid eviction at all costs, which results in necessary time and expense. One of the best ways to do this is to pick great tenants who can d ..read more

After a home is foreclosed in Massachusetts, an eviction case is almost always required to obtain possession of the property from those persons remaining in the home. A foreclosure only changes ownership of a property, not possession. For possession, a court eviction is required. For background on the Massachusetts foreclosure process, read my published article on this complex (and ever-changing) area of law. Former Owner or Former Tenant? The threshold question for all evictions after foreclosure is determining who remains in the home after the foreclosure sale. Generally, the remaining occu ..read more

Renting out a home for the first time can be an eye-opening experience for many new landlords. Few realize how many laws and regulations cover landlord-tenant matters in Massachusetts, and the repercussions if a landlord fails to follow the law. Here, I’ll discuss several things new landlords should know when renting out a home for the first time. Always Use a Written Agreement The two most common types of rentals in Massachusetts are through a lease (usually in one-year terms) or a tenancy at will (usually month to month). From a legal standpoint, there isn’t a huge advantage of one type of ..read more

Landlord rights is a topic that I often get asked about, usually by landlords themselves in frustration over Massachusetts landlord-tenant laws. While tenant rights are more commonly known by those involved in landlord-tenant law, landlords certainly have rights of their own. Right to Payment for Rental Property Landlords have a right to receive payment for someone else living in their rental property. This is, of course, known as rent for persons who are a landlord’s tenant. The law, however, also entitles a landlord to receive payment for any person living in a rental property past their le ..read more

Commercial leases are often very different than leases used for residential property. Compared to residential landlord-tenant law, which comes with a myriad of rules and regulations on almost every part of the rental process, commercial landlord-tenant law allows parties much more leeway in setting the terms of the relationship. Here, I’ll discuss some points to keep in mind when reviewing a commercial lease. Commercial Property is Often Rented “As Is” Commercial property, unlike residential property, is often rented “as is.” This means that the tenant takes the property in the condition it i ..read more