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Landlord Tenant Law

Non-payment of Rent

In Massachusetts, a tenant may withhold rent if the landlord is on notice of a condition of dis-repair that still exists.  Not all tenants use this right for a legitimate purpose, and the statute does not require tenants to place the money in escrow.  When representing landlords our office can help bring your case forward quickly so as to mitigate any loss.

In Negotiation

Litigation of Eviction Cases

Our office has the knowledge and experience to represent tenants or landlords throughout the litigation process including the notice to terminate, the complaint, discovery, pre-trial matters, and bench or jury trial.  Whether you are a landlord bringing a case or a tenant who is defending, we can assist you.

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Lease Violations

Sometimes tenants or landlords, other household members or their guests, or an agent of the landlord might engage in activities in violation of their lease or the law.  Our office can help seek a court order or injunction, or civil action, or both, depending on the circumstances.

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Subsidized Tenancies

As a landlord you may have a tenant whose rent is subsidized by a housing authority, commonly known as "Section 8."  The rules for this program are laid out in federal law.  It is important that you hire an attorney before you send a notice of termination, so that it complies with the program rules.

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The Security Deposit Statute

There are few statutes with as many traps and pitfalls as the security deposit statute in Massachusetts.  We can help you navigate the statute, advise as to whether you should take such a deposit, or defend against litigation for its alleged violation.  If you are a tenant whose deposit has been mishandled, we may be able to assist you in obtaining its return or further compensation.

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Our firm can also guide you through other aspects of landlord-tenant law including but not limited to:

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  • Inspectional Services or Board of Health Prosecutions;

  • Requirements of the State Sanitary Code;

  • Residential and Commercial Lease Drafting;

  •  Massachusetts Commission Against Discrimination (MCAD); Fair Housing Commission (FHC) Americans with Disabilities Act (ADA);

  • reasonable accommodation requests;

  • project based subsidy developments;

  • Violence Against Women Act (VAWA);

  • AirBnB and other rent sharing forums;

  • post-foreclosure actions;

Landlord Tenant Law: Practices
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