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 - Page 3
Do you have any Massachusetts Landlord And Tenant questions page 3 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

Can I legally shut off cable/internet on a tenant I'm evicting?

Answered 12 years and 4 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
First, I have to wonder why you are not asking your lawyer this question. In any event, the law says that if you agree to supply a particular utility to a tenant, you cannot stop providing without a court order. This does not include cable and internet unless there is a specific agreement to that effect. Under these circumstances if you are terminating for both yourself and your tenant, and you do not have a specific provider agreement, it would appear that your provision of this service is entirely voluntary. I would give the tenant notice however before terminating.... Read More
First, I have to wonder why you are not asking your lawyer this question. In any event, the law says that if you agree to supply a particular... Read More
Is this person a tenant or an owner? If a tenant, there is a procedure for a quick notice to quit. if an owner, you will need to retain counsel on behalf of park management and bring an action in superior court to compel this individual to leave. It is very unusual that the police will not assist unless there is insufficient evidence to warrant a search. You should definitely not be doing this yourselves.... Read More
Is this person a tenant or an owner? If a tenant, there is a procedure for a quick notice to quit. if an owner, you will need to retain counsel on... Read More

Does my new landlord have to honor the terms of my lease with my former landlord?

Answered 12 years and 6 months ago by Robert E. Winer (Unclaimed Profile)   |   1 Answer
Your new landlord does not have to honor the terms of the earlier lease because he is not a party to that contract.  You are now in a position to negotiate the terms of a new contract (lease) with your new landlord.
Your new landlord does not have to honor the terms of the earlier lease because he is not a party to that contract.  You are now in a position... Read More

Can the police legally force me to move even though my landlord does not want to?

Answered 12 years and 6 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
You cannot be forced to move without a valid court order. I do not believe that the police have the power to charge for a detail. In order for you to be evicted your landlord would have to bring an eviction action against you in Quincy District Court and have a good reason. This appears to be nothing more than an intimidation tactic, although you would do well to have your daughter find another place to live.... Read More
You cannot be forced to move without a valid court order. I do not believe that the police have the power to charge for a detail. In order for you... Read More

What are my options if my roommate smokes heavily in our non-smoking house?

Answered 12 years and 7 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
This is a direct breach of your lease. Removal of a smoke detector is a very serious matter. You might want to consult with a lawyer about having her evicted, but I think that you would be wise to reach out to the landlord about the smoke detector removal.
This is a direct breach of your lease. Removal of a smoke detector is a very serious matter. You might want to consult with a lawyer about having her... Read More
He rules for the governance of a condominium are contained in both Massachusetts Chapter 183A and the provisions of the master deed and condominium trust. There is nothing inherently wrong with the election of particular trustees, even if some do not like it. Obviously one solution would be to amend the trust provisions to require at least one trustee from each building. If there has been a misuse or over billing of assessments, this can be remedied by a condo vote. Short of that, and if nothing else applies, you may have to resort to litigating with the condominium association never a good alternative.... Read More
He rules for the governance of a condominium are contained in both Massachusetts Chapter 183A and the provisions of the master deed and condominium... Read More

Can my landlord who is renting a room to me in her house in one state use another stateโ€™s rental agreement?

Answered 12 years and 8 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
I am not an expert on Oregon law. However in general the only terms which can be included in a residential rental agreement are those which a state either explicitly permits or does not explicitly prohibit. In most states landlords are prohibited from entering rented premises unless either an emergency or for the purpose of showing, and then only with advance notice and consent.... Read More
I am not an expert on Oregon law. However in general the only terms which can be included in a residential rental agreement are those which a state... Read More

If I have all this in email, do I have to give her money back?

Answered 12 years and 9 months ago by Peter Holzer (Unclaimed Profile)   |   3 Answers
It depends on what the e-mail messages say. You'll need to have a lawyer review the e-mail chain.
It depends on what the e-mail messages say. You'll need to have a lawyer review the e-mail chain.

How can you legally evict someone from your house?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   3 Answers
Our office can commence eviction proceedings.
Our office can commence eviction proceedings.

How do I settle a breach of contract if our tenant abandoned our property?

Answered 12 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   4 Answers
It sounds like you have really been had. No good turn goes unpunished, so it seems. Can you even find this guy?
It sounds like you have really been had. No good turn goes unpunished, so it seems. Can you even find this guy?

Is it legal for a landlord to have your power disconnected?

Answered 12 years and 10 months ago by Shawn Regis Jackson (Unclaimed Profile)   |   10 Answers
Are you a commercial or a residential tenant? Who is the subscriber of the energy service?
Are you a commercial or a residential tenant? Who is the subscriber of the energy service?

Can we keep security deposit if they owe us rent still when they leave? We live in Massachusetts.

Answered 12 years and 10 months ago by John S. Keating (Unclaimed Profile)   |   2 Answers
Yes, so long as you are in compliance with subsection 4(i) of Mass. General Laws chapter 186, Section 15B, which reads (4) The lessor shall, within thirty days after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement, return to the tenant the security deposit or any balance thereof provided, however, that the lessor may deduct from such security deposit for the following (i) any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law. So if your tenant validly withheld a portion of his/her rent payments (for example, because the premises were uninhabitable), then you CANNOT retain the security deposit to cover a portion of the unpaid rent. Be aware that Chapter 186, Section 15B has many technical requirements that landlords must comply with when it comes to security deposits.... Read More
Yes, so long as you are in compliance with subsection 4(i) of Mass. General Laws chapter 186, Section 15B, which reads (4) The lessor shall, within... Read More

Is it legal to give my tenants a 2-day notice?

Answered 12 years and 10 months ago by Neil J Lehto (Unclaimed Profile)   |   10 Answers
No, a two-day notice is illegal. Michigan law requires a 7-notice to quit for non-payment of rent either by you or your landlord may do so if you are not paying him, evicting them and ending whatever rights you may have had to occupy or sub-lease the property and also obtain a judgment against you for unpaid rent stretching into the future term of your lease.... Read More
No, a two-day notice is illegal. Michigan law requires a 7-notice to quit for non-payment of rent either by you or your landlord may do so if you are... Read More

The home is left to 3 people with 1 staying in home and the house is unkept can we evict residents?

Answered 12 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   7 Answers
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced probate and/or real estate attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.... Read More
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that... Read More

Is this "Notice" valid, even though the work (labor install and equipment) have been completed for more than 6 months?

Answered 13 years and a month ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
90 days is correct. Would have to see the written contract and evaluate work completed in order to provide a real opinion. Ordinarily the relationship between contractor and homeowner is closely governed by Massachusetts law. Your recourse would be to retain an attorney to go through the entire process and advise as to whether you have a case. However, any attorney competent to advise in this filed will want to be paid no one I know would take on a matter like this on a contingency.... Read More
90 days is correct. Would have to see the written contract and evaluate work completed in order to provide a real opinion. Ordinarily the... Read More

Is there anything I can do to have my name readded to the deed, should they divorce and want to sell the property?

Answered 13 years and a month ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
If the basis for your taking your name off of the deed was as an estate planning tool, there is not much you can do, so long as your life tenancy is respected. Most estate attorneys would have advised you to leave an opening for just such an event if none was, you may have a problem.
If the basis for your taking your name off of the deed was as an estate planning tool, there is not much you can do, so long as your life tenancy is... Read More

Do I have a case for breach of oral contract?

Answered 13 years and 2 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
Assuming that this agreement was not part of any zoning or other permitting, your only recourse would be with respect to local noise ordinances. If they are interfering with the quiet enjoyment of surrounding residents, the city should be citing them. Lacking that, you may have no recourse but to go to court and enjoin this conduct.... Read More
Assuming that this agreement was not part of any zoning or other permitting, your only recourse would be with respect to local noise ordinances. If... Read More

Can I get compensation when my landlord has asked me to move out and I do not want to?

Answered 13 years and 2 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
As you appear to be a tenant at will, Massachusetts requires a written notice one full rental period in advance to terminate. Oral notice is not sufficient. Even then, you do not have to move unless and until a court orders you to. As for compensation, you are not entitled to any unless your landlord, in evicting you, has violated some other law, such as discrimination.... Read More
As you appear to be a tenant at will, Massachusetts requires a written notice one full rental period in advance to terminate. Oral notice is not... Read More

I rent in Massachusetts and pay for oil to heat should the landlord provide a storm door?

Answered 13 years and 2 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
The landlord is legally required to insure that all doors and windows are weather tight. This is usually interpreted to include a storm door.
The landlord is legally required to insure that all doors and windows are weather tight. This is usually interpreted to include a storm door.

What is the eviction process in Ohio?

Answered 13 years and 3 months ago by Stephen A. Greenbaum (Unclaimed Profile)   |   1 Answer
This is a Massachusetts website
This is a Massachusetts website

If I live with my landlord and pay him weekly, can he just kick me out when he wants?

Answered 13 years and 3 months ago by Peter Holzer (Unclaimed Profile)   |   5 Answers
No. He must use the proper eviction procedure.
No. He must use the proper eviction procedure.

What can I do if the realty company don't want to give my deposit back?

Answered 13 years and 3 months ago by Valerie Lynn Kramer (Unclaimed Profile)   |   6 Answers
Your remedy is to sue them, probably in Small Claims court, depending on the amount of the deposit.
Your remedy is to sue them, probably in Small Claims court, depending on the amount of the deposit.
No but if you do not keep her off of your property you could be evicted.
No but if you do not keep her off of your property you could be evicted.

What would happen if defendant breached stipulated settlement agreement?

Answered 13 years and 3 months ago by Peter Holzer (Unclaimed Profile)   |   2 Answers
You need to convert your settlement agreement into a judgment. That requires a motion.
You need to convert your settlement agreement into a judgment. That requires a motion.

What can I do to stop the court ordered execution to leave premises in 48 hours now?

Answered 13 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   11 Answers
You will most likely need to file a motion to set the judgment aside and stay the eviction order. I suggest that you contact an experienced landlord/tenant attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.... Read More
You will most likely need to file a motion to set the judgment aside and stay the eviction order. I suggest that you contact an experienced... Read More