I often refer to the lis pendens as a real estate litigator’s best friend and worst enemy. It can make the difference between winning and losing your real estate case, and most often creates the leverage needed to secure a favorable resolution. If you have any questions regarding the lis pendens process, feel free to email me at , 93 Mass. App. Ct. 166 (2018);  Mass. Gen. Laws ch. 184, sec. 15 , 93 Mass. App. Ct. 39 (2018). The best practice is to file single justice appeal and notice of appeal in lower court for full panel appeal.  , 90 Mass. App. Ct. 903 (2016). I’ve used this stra ..read more

The “new” Chapter 257 only applies to non-payment cases; it does not apply to no-fault, for cause, or post foreclosure cases. The law also contains some language which would allow a landlord to challenge whether the nonpayment of rent is actually due to a legitimate financial hardship. This would most likely require some type of evidentiary hearing ..read more

If you are interested in joining the fight against Rent Control, consider joining Small Property Owner’s Association (SPOA) to get them to turn over public records and emails concerning how the Mayor’s Rent Stabilization Advisory Committee were selected. Certainly not the transparency Mayor Wu touted in her election campaign…. Just Cause” Eviction Protections Enacted — Neverending Leases and Lifetime Tenancies Created is also engaged in this. The Greater Boston Real Estate Board issued a statement following Wu’s introduction of her plan saying, “rent control, also known as rent stabilizat ..read more

As always, I’ll keep you updated as to any developments with the moratorium and eviction related legal issues. to the toughest-in-the-nation Massachusetts eviction moratorium to persuade Gov. Baker to let it expire a year ago in October. . A CDC hardship declaration form submitted by a tenant under the previous order will apply under the new order. In all non-payment cases where a tenant has filed a CDC hardship declaration and qualifies for protection, they should not be forcibly moved out. Cases can still be moved forward and resolved by way of mediated agreements. In “no-fault” cases, some ..read more

In discussions with the Eastern (Boston) Housing Court officials, they have indicated they are not bound by the order and that executions for possession (move out orders) will continue to be issued by the Clerk’s Office. Interestingly, the order itself does not specifically apply to the courts, only to a landlord or owner, and only targets the very last step in the eviction process, the levy of execution. The number of forced move outs in Boston remains very small — estimates are that only about 200 cases have reached this final stage during the pandemic. Formal guidance is expected within the ..read more

On a personal note, I feel quite vindicated right now. As most of you know, I was one of the first attorneys in the country (along with my co-counsel Jordana Greenman) to challenge an eviction moratorium in federal court. We made many of the same arguments as presented to SCOTUS. However, on the flip side, the federal and state governments have done a disastrous job in distributing the billions of available rental aid funds to tenants and landlords. I think we have done it right here in Massachusetts with Chapter 257 and its pause on evictions where a RAFT application is pending. Congress shou ..read more

The Plaintiffs’ attorneys released the following comment: For a year and a half, small landlords have been told that they cannot regain possession of their own property and must continue provide housing to people who either are not paying rent or who are otherwise violating their tenancy agreements. Today, the Court correctly decided that cities and towns have no authority to do this. This decision is important not just for rental property owners in the City of Boston, but also for those in Somerville and Malden, which have similarly tried to impose city-wide eviction moratoriums contrary to s ..read more

awsuit Filed On Behalf of Elderly Mattapan Homeowner Owed $29,000 in Rent, and Local Constable  the nationwide eviction moratorium imposed by the Centers for Disease Control, Boston Acting Mayor Kim Janey imposed a city-wide residential eviction moratorium effective August 31, 2021, which is in place indefinitely until the Boston Public Health Commission decides to terminate it, in its sole discretion. The order provides that “no landlord and/or owner shall serve or cause the service of notice of levy upon an eviction, or otherwise enforce a residential eviction upon a resident of Bo ..read more

The next step in the case would be to a single justice or full panel of the Appeals Court. This case may well be destined for the state’s highest court, the Supreme Judicial Court. I will continue to keep you posted on developments. Judge Bagdoin’s opinion is posted below.  the nationwide Covid-19 eviction moratorium enacted by the Centers for Disease Control. Although entitled “temporary,” the moratorium has no specific end-date and prohibited landlords and constables being able to enforce move-out orders. The city also took the unusual step of issuing a threatening letter to all license ..read more

As you can see, this area of law is quite complex for the layperson. Consultation with an experienced real estate litigator is paramount. If you are dealing with such a case, feel free to reach out to me at (without the seller getting advance notice, if there is a clear danger that the property will be conveyed). ) is a binding and enforceable contract. The seller then usually attempts to wriggle out of the deal or may even receive a higher or better offer. Sometimes the transaction has progressed past the execution of the Purchase and Sale Agreement and falls apart, and the buyer still wants ..read more