Massachusetts Landlord And Tenant Legal Questions

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88 legal questions have been posted about landlord and tenant law by real users in Massachusetts. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Massachusetts Landlord And Tenant Questions & Legal Answers
Do you have any Massachusetts Landlord And Tenant questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 88 previously answered Massachusetts Landlord And Tenant questions.

Recent Legal Answers

Depends on the city laws...some towns have ordinances that allow random inspections....but normally they should give a reason for the inspection. You should contact your town/city leaders and file a complaint if you are not given proper notice.
Depends on the city laws...some towns have ordinances that allow random inspections....but normally they should give a reason for the inspection. You... Read More

If I am receiving a settlement from my landlord, is this settlement considered taxable income?

Answered 8 years and 5 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
Really a question for a tax accountant. But generally damages to compensate for a loss are not taxable.
Really a question for a tax accountant. But generally damages to compensate for a loss are not taxable.

How do I get the company to take the panels off of my roof?

Answered 8 years and 6 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
First look at your contract. If nothing in there, you can certainly sue the company for breach of contract. Additionally, you might want to try and contact the NECN Consumer Hotline. They have a good track record of getting companies to do the right thing.
First look at your contract. If nothing in there, you can certainly sue the company for breach of contract. Additionally, you might want to try and... Read More
You should file a complaint with your local court. If you can't get there call the clerk's office and ask for direction from them. It is illegal to remove a tenant without court process.
You should file a complaint with your local court. If you can't get there call the clerk's office and ask for direction from them. It is illegal to... Read More

Is it legal for a landlord to install a camera at my apartment, facing directly at the door of my apartment?

Answered 8 years and 6 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
If it is a common area, yes.
If it is a common area, yes.

Can my landlord throw me, my wife, and 16 year old daughter out?

Answered 8 years and 6 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
If you are a tenant at will your landlord can terminate your tenancy with a 30-day notice to quit. if you do not move he will have to go to court which can take months unless he is evocating you for a cause.
If you are a tenant at will your landlord can terminate your tenancy with a 30-day notice to quit. if you do not move he will have to go to court... Read More

Can a former landlord legally serve an eviction notice after the sale of the house?

Answered 8 years and 6 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
No. Unless the landlord still has an interest such as management. Summary process is simply a claim to a superior right of possession
No. Unless the landlord still has an interest such as management. Summary process is simply a claim to a superior right of possession
You should only remove property with a court order.
You should only remove property with a court order.

How do I file a case if my landlord constantly harasses me regarding common essential stuff like microwave, etc.?

Answered 8 years and 7 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
If you are in a district with a Housing Court, go there and speak with a Housing Specialist who will help you to file suit. If you are not, then go to your local District Court and tell the clerk that you want to file a restraining order against your landlord for harassing you.
If you are in a district with a Housing Court, go there and speak with a Housing Specialist who will help you to file suit. If you are not, then go... Read More

Do loan payments get divided according to owner's interest rate?

Answered 8 years and 8 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
The law generally states that condominium expenses are divided according to each owner's percentage interest.
The law generally states that condominium expenses are divided according to each owner's percentage interest.

What legally can be done if a mortgage company holds insurance proceeds?

Answered 8 years and 8 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
The process should be spelled out in your insurance policy. Otherwise you should file a complaint with the insurance commissioner who will investigate.
The process should be spelled out in your insurance policy. Otherwise you should file a complaint with the insurance commissioner who will... Read More

Is it legal to take a picture of my animal for no reason without my permission in my house?

Answered 8 years and 8 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
She had no right to take a picture without your consent. And while a no pets clause can be widely interpreted it usually does not include caged pets.
She had no right to take a picture without your consent. And while a no pets clause can be widely interpreted it usually does not include caged pets.
You need to get an order from your local District Court allowing you to enter the apartment, even if you have to break the lock. This is usually done in the presence of police to ensure a peaceful event.
You need to get an order from your local District Court allowing you to enter the apartment, even if you have to break the lock. This is usually done... Read More

Is it legal for a tenant of a property to call the cops for trespassing if I am just visiting a friend?

Answered 8 years and 9 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
No. The only parties who have any right to dispute your presence would be the tenant and the property owner.
No. The only parties who have any right to dispute your presence would be the tenant and the property owner.
You should go to court immediately and ask the judge for an order to allow you to collect your property.
You should go to court immediately and ask the judge for an order to allow you to collect your property.

If my friend lives in the apartment of a mental health program, can his land lord walk into his apartment?

Answered 8 years and 9 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
It depends on the terms of the arrangement. Landlords cannot just walk in but if this is a room in a facility then there is an implied if not explicit consent to entry at all times.
It depends on the terms of the arrangement. Landlords cannot just walk in but if this is a room in a facility then there is an implied if not... Read More

What can I legally do if my roommate wants to kick me out but I donโ€™t have a place to stay?

Answered 8 years and 10 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
He cannot simply kick you out. Once you are living there and paying rent he would have to go to court. If he tries to take self-help you can go to court and get a restraining order against him.
He cannot simply kick you out. Once you are living there and paying rent he would have to go to court. If he tries to take self-help you can go to... Read More

Can the recovery program I am in just kick me out?

Answered 8 years and 11 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
This is a very specialized area. It really relies on the terms of the agreement you signed when you moved in. Ordinarily they could not kick you out without a court order. I would seek the advice of a local legal services lawyer as you very likely have rights to reside that cannot be unilaterally taken away from you.... Read More
This is a very specialized area. It really relies on the terms of the agreement you signed when you moved in. Ordinarily they could not kick you out... Read More

Could a landlord call your place of work on several occasions asking for money and as of that I got fired?

Answered 9 years ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
Your landlord is required to abide by the Fair Debt Collection Act calls to your place of employment are inappropriate. You may very well have an action against him/her and should consult an attorney with knowledge in that area.
Your landlord is required to abide by the Fair Debt Collection Act calls to your place of employment are inappropriate. You may very well have an... Read More

Is there a law requiring them to remove the snow since they did it for 13 years?

Answered 9 years and a month ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
c.186 Section 14 of the General Laws requires that if a landlord provides a particular amenity as part of a renting contract, the landlord cannot unilaterally remove or cease to provide that amenity. And courts will enforce this.
c.186 Section 14 of the General Laws requires that if a landlord provides a particular amenity as part of a renting contract, the landlord cannot... Read More

Do I have any other choices if I just want out of the timeshare?

Answered 9 years and 2 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
You need to have an attorney read your purchase documents. Most timeshares make exit difficult unless you have a buyer. Sponsor does not want to be responsible for maintenance costs. See if you can pay a lump sum to exit.
You need to have an attorney read your purchase documents. Most timeshares make exit difficult unless you have a buyer. Sponsor does not want to be... Read More

Are the still obligated to pay the rent while living in my property?

Answered 9 years and 3 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
They are still obligated to pay rent. You should begin the tenancy termination process with a 14 Day notice to quit for nonpayment of rent or they could be there indefinitely.
They are still obligated to pay rent. You should begin the tenancy termination process with a 14 Day notice to quit for nonpayment of rent or they... Read More

Can my landlord terminate my lease if I temporarily foster my baby niece?

Answered 9 years and 11 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
No. If you are legally fostering your niece she would be considered a minor family member and you have the right to house her. The key is that you have some sort of legal right to have her, even in a temporary basis.
No. If you are legally fostering your niece she would be considered a minor family member and you have the right to house her. The key is that you... Read More

Do I have more rights than if I did not live in the apartment I own?

Answered 10 years and a month ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
Unclear as to what rights are being referred to. An owner has the unfettered right to occupy one of his units and cannot have his occupancy disturbed other than by foreclosure.
Unclear as to what rights are being referred to. An owner has the unfettered right to occupy one of his units and cannot have his occupancy disturbed... Read More

Do I have any legal recourse if now our boundary line is in dispute?

Answered 10 years and a month ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
These kinds of questions often end in court. You have a good argument that you acquired the land by adverse possession as you were openly, notoriously and adversely using it for more than 21 years continuously. However some landowners will dispute this with various arguments including not knowing it was their land. I think on the whole you are in the right but be prepared for some push back.... Read More
These kinds of questions often end in court. You have a good argument that you acquired the land by adverse possession as you were openly,... Read More