Selecting tenants is one of the most challenging jobs for a landlord. Renting to anyone comes with risk, and choosing the wrong tenants can be costly, both in time and money. Landlords should use extreme care in the tenant screening process. A more »
The Massachusetts Appeals Court issued an important decision today on the right of parties to collect attorney fees in landlord/tenant cases. In Aviksis v. Murray, the Court held that “guarantors” of a landlord/tenant lease could not rely on laws that allow more »
What’s a lease? A lease, simply enough, is a contract for the rental of property. As such, a lease is enforceable at law. If a tenant signs a lease (which is usually for a one-year term), the tenant is liable for more »
I recently published a guide on Avvo.com on “How to Evict a Tenant in Massachusetts.” As I state in the guide, evicting a tenant generally requires a lawyer’s help, but this guide has advice on what can be done to prepare more »
One of the benefits of being a landlord/tenant lawyer is the opportunity to attend court frequently and see real cases in action. One advantage of this is seeing how different attorney and judges approach these cases and the issues that more »
Question: I had a lease with my tenant, which has now expired. The tenant continues to pay monthly rent. Is the lease still in effect? Answer: Yes, to an extent. If a tenant continues to pay rent after the expiration of the more »
Mortgage loans insured by the Federal Housing Authority (“FHA”) include specific requirements for foreclosure that homeowners need to be aware of when facing a possible foreclosure. FHA mortgage loans are insured by the federal government and are aimed at helping low-income more »
Here is a question I am often asked from my landlord clients: Can I recover the rent that I am owed from a tenant? The answer: it depends. In deciding whether to pursue a claim for damages, a landlord needs more »
Landlord/tenant issues are often affected by the particular type of business organization involved in these matters. A landlord is either a sole proprietor or a business organization, most often a limited liability company (“LLC”) or corporation. A sole proprietor more »
Question: Do I need to hire a lawyer for a landlord/tenant case? Answer: As with all legal questions: it depends. In Massachusetts, a business entity (ex. corporation, limited liability company) must be represented by an attorney in court (except for more »
