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Category: Massachusetts Landlord/Tenant Law Blog

Breaking a Landlord/Tenant Lease

By Adam T. Sherwin, Esq. Posted on March 3, 2015 Posted in Massachusetts Landlord/Tenant Law Blog Tagged with leases

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 »

A Guide for Evicting a Tenant in Massachusetts

By Adam T. Sherwin, Esq. Posted on February 21, 2015 Posted in Massachusetts Landlord/Tenant Law Blog Tagged with evictions

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 »

Lessons from a Landlord/Tenant Judge

By Adam T. Sherwin, Esq. Posted on February 9, 2015 Posted in Massachusetts Landlord/Tenant Law Blog

 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 »

FAQ: I Had a Lease With My Tenant, Which Has Now Expired. The Tenant Continues to Pay Monthly Rent. Is the Lease Still in Effect?

By Adam T. Sherwin, Esq. Posted on February 5, 2015 Posted in Massachusetts Landlord/Tenant Law Blog

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 more »

Foreclosure Requirements for FHA Mortgage Loans

By Adam T. Sherwin, Esq. Posted on February 2, 2015 Posted in Massachusetts Landlord/Tenant Law Blog Tagged with FHA loan, foreclosure fha, HUD loan

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 »

Practice Pointers: Is It Worth Pursuing a Claim for Money Against a Tenant?

By Adam T. Sherwin, Esq. Posted on January 31, 2015 Posted in Massachusetts Landlord/Tenant Law Blog

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 »

Practice Pointers: Business Organization Issues in Landlord/Tenant Law

By Adam T. Sherwin, Esq. Posted on January 28, 2015 Posted in Massachusetts Landlord/Tenant Law Blog

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 »

FAQ: Do I Need to Hire a Lawyer for a Landlord/Tenant Case?

By Adam T. Sherwin, Esq. Posted on October 13, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

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 »

Lawful Entry of a Rented Premises

By Adam T. Sherwin, Esq. Posted on October 9, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

When a landlord rents an apartment, the landlord remains the owner of the property but grants possession of the premises to the tenant(s).  In other words, even though a landlord is still the owner of the property, they no longer have unlimited more »

FAQ: If I Am Foreclosed, Will I Owe the Bank Any Money For My Mortgage Loan?

By Adam T. Sherwin, Esq. Posted on October 7, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

Question:   If I am foreclosed, will I owe the bank any money from my mortgage loan? Answer:  After a foreclosure, the bank is entitled to collect any deficiency judgment owed following the foreclosure sale.  The deficiency judgment is the difference between more »

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