The Massachusetts Lis Pendens: The Definitive Guide For Lawyers and Clients
The Massachusetts Real Estate Law Blog
by Rich Vetstein
2M ago
A Massachusetts Real Estate Litigator Talks About Lis Pendens Basics, Strategy, and Pro Tips. Recently, I gave a well attended webinar for the Real Estate Bar Association on a subject that is near and dear to my real estate litigator’s heart — The Massachusetts Lis Pendens. The webinar was an introductory presentation which I called “Lis Pendens 101,” and covered essentially all the basics from what is a lis pendens, how to get one, how to defend against one, and everything in between. I’m basically going to convert my presentation into this blog post. I’m going to write it for both lawyers a ..read more
Visit website
Tenant Rental Assistance Eviction Protection (Chapter 257) Re-enacted By Legislature and Gov. Healey
The Massachusetts Real Estate Law Blog
by Rich Vetstein
7M ago
Non-payment Evictions Put On Hold Until Tenant RAFT Applications Are Denied/Approved Ignoring strong opposition from property owners, the Legislature and Gov. Healey have re-enacted a Covid-19 era tenant protection law (Chapter 257 of the Acts of 2020) which puts an indefinite hold on any non-payment eviction where the tenant has applied for rental assistance (RAFT) until such time as the application is approved or denied. This was part of the FY24 budget signed by Gov. Healey in early August, and fell under the radar of many folks in the rental property community. The net effect of this reen ..read more
Visit website
Housing Court To Speed Up Eviction Cases and Shift To More In-Person Events
The Massachusetts Real Estate Law Blog
by Rich Vetstein
1y ago
New Rules Aimed At Reducing Pandemic Era Case Backlogs and Delays With the expiration of a pandemic era law called Chapter 257 and the end of the Covid-19 emergency, the Massachusetts Housing Court just released an important new Standing Order 1-23 which will speed up cases and move to more in-person hearings and less virtual appearances. The new Standing Order should be welcome news to housing providers whose cases have been delayed due to Chapter 257 and the backlog of post-moratorium pandemic era cases. Expiration of Chapter 257 With the expiration on March 31 of Chapter 257 of the Acts of ..read more
Visit website
Boston Rent Control Bill Will Wreak Havoc In City’s Housing Market
The Massachusetts Real Estate Law Blog
by Rich Vetstein
1y ago
Wu Administration Misled Public On Details Of Plan: Corrupt Local Rent Control Boards Can Override Rent Increases, Lifetime Leases Allowed, Small Housing Providers Unfairly Targeted The Boston City Council just passed Boston Mayor Michelle Wu’s controversial rent control measure by a 11-2 vote. Wu marketed her plan as some sort of reasonable compromise where rents would be capped between 6 – 10% annually. Her PR team also attempted to re-brand rent control as “rent stabilization,” which again implies something softer than traditional rent control, which Massachusetts voters rejected back in t ..read more
Visit website
Worcester Area Couple Evicted For 14th Time, Leaving Trail of Unpaid Judgments and Moving Bills For Local Property Owners
The Massachusetts Real Estate Law Blog
by Rich Vetstein
1y ago
In my 25 years of law practice, I’ve seen a lot of crazy stuff, but this recent eviction case may top the list of “Professional Tenants.” With 14+ evictions, a slew of larceny charges on their record, and thousands in past rent owed in judgments, a husband and wife team from Shrewsbury have perfected an alleged pattern of fraud on local landlords. In my client’s case, they provided him with a bogus credit report and then proceeded to bounce a $13,500 deposit check for a 4 bedroom rental house in Shrewsbury. They failed to make good on the bad check, and squatted in the house for five months w ..read more
Visit website
Rent Control: Coming To A Boston Rental Property Near You?
The Massachusetts Real Estate Law Blog
by Rich Vetstein
1y ago
Boston Mayor Michelle Wu Preparing To File Comprehensive Rent Control and Just Cause Eviction Bill Yesterday all the major Boston news outlets reported that City of Boston Mayor Michelle Wu is readying a proposal to bring back rent control to Boston. Voters statewide rejected the controversial idea three decades ago in 1994, and several new economic studies, including out of Cambridge, MA, have definitively proven it is a failed policy. Wu’s rent control ordinance would cap annual rent increases between 6% – 10% depending on the Consumer Price Index and Inflation Index. While very small owner ..read more
Visit website
SJC Gives Country Club A Mulligan From $5 Million Jury Award In Errant Golf Ball Case
The Massachusetts Real Estate Law Blog
by Rich Vetstein
1y ago
High Court Rules That Trial Judge Improperly Instructed Jury On Golf Course Property Easement, Covenants and Restrictions Credit: Boston Globe In a case which has received national attention and a People Magazine article, the Supreme Judicial Court has overturned a jury’s award of $5 Million to a family whose home overlooking the 15th hole at the Indian Pond Country Club in Kingston was pelted by hundreds of errant golf balls. Erik and Athina Tenczar brought the lawsuit against the Indian Pond Country Club in Plymouth Superior Court, claiming that duffers shanked over 700 wayward golf balls of ..read more
Visit website
Double Dipping By Cummings Properties Not Allowed In Commercial Lease Dispute
The Massachusetts Real Estate Law Blog
by Rich Vetstein
1y ago
Appeals Court Rules That Liquidate Damages Clause Is Unenforceable Where It Allowed For Recovery of Rent For Remaining Term On Top of Rent Received From New Tenant If you enjoyed the famous Seinfeld episode where George Costanza was accused of “double dipping” his chips and dip at a family funeral, then you’ll appreciate this post. The case is Cummings Properties LLC v. Hines (Mass. Appeals Court Dec. 6, 2022) where the Appeals Court struck down a liquidated damages clause in a commercial lease which purported to allow the landlord to recover a large financial penalty even though it was able ..read more
Visit website
Evictions Remain A “Lose-Lose” For Massachusetts Landlords: A Case Study
The Massachusetts Real Estate Law Blog
by Rich Vetstein
1y ago
Suffolk Sheriff Deputies Enforcing Eviction Order Recent Case Shows Fundamental Flaws Remain In The Housing Court Eviction System I recently concluded an eviction with a forced moved out in Dorchester, MA, which epitomizes everything that is wrong with the system here in Massachusetts. For the privacy of the parties, I will not divulge the names or docket number of the case. I represented the property owner, a young woman who grew up low income in Worcester and put herself through college, then law school, and is now working at a law firm. She bought a condo unit in Dorchester, but then had to ..read more
Visit website
Fate Of Boston Eviction Moratorium Unclear After Appeals Court Single Justice Ruling
The Massachusetts Real Estate Law Blog
by Rich Vetstein
2y ago
Justice Joseph M. Ditkoff Appeals Court Justice Joseph M. Ditkoff Rules Moratorium Is Enforceable With Limited Duration Through February 28, 2022, But Leaves Door Open For Further Extension The legal challenge to the Boston Eviction Moratorium just took an interesting turn on appeal. After Housing Court Justice Irene Bagdoian struck down the moratorium in a scathing opinion, Appeals Court Justice Joseph Ditkoff upheld its validity, ruling that the moratorium is lawful, but limiting its duration to a six month period, ending February 28, 2022. Justice Ditkoff, however, did leave the door open f ..read more
Visit website

Follow The Massachusetts Real Estate Law Blog on FeedSpot

Continue with Google
Continue with Apple
OR