M.G.L. c.209A is intended to provide protection from household and family members engaged in “abuse.” The law defines “abuse” as: “Abuse”, the occurrence of any of the following acts between family or household members: (a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; (c) causing another…
If you are a landlord bringing a summary process (eviction) case against a tenant in Massachusetts, the rules have changed. Previously, a landlord would send a Notice to Quit and, once it expired, would make legal “entry” to the apartment or tenement by serving and filing the Summons and Complaint with the local District or…
The answer is, probably, but it depends. MGL c. 151B s.4(10) states that it is illegal: “For any person furnishing credit, services or rental accommodations to discriminate against any individual who is a recipient of federal, state, or local public assistance, including medical assistance, or who is a tenant receiving federal, state, or local housing…
Massachusetts law allows a landlord to file in District Court as well as Housing Court. This is because Housing Court is a relatively “new” court that was initiated in the 1970s and 80s. The result was that certain areas, like the upper and lower Cape, were not covered by Housing Court jurisdiction, leaving the District…
The reasons for utilizing c.93A are obvious in a person-to-business consumer transaction: if the consumer sends a c.93A demand letter and the recipient does not respond within 30 days with a reasonable settlement offer, then the court could double or triple the amount of damages recovered by the claimant, plus costs and attorney’s fees. M.G.L….
Attorney Shivick has successfully prosecuted hundreds of cases against Massachusetts landlords over the last 10 years, and has a proven track record of collecting money judgments against small and large landlords.
Don’t let your dream home become the nightmare on your street. Attorney Shivick reviews M.G.L. c.142A and provides you with 5 red flags to help you identify and protect yourself from predatory residential contractors in Massachusetts.
Is building your dream home becoming a nightmare? Late contractors. Wrong materials. Unworkmanlike construction. Take it or leave it attitude. Half-assiduous work. Surly workers. Unkept promises. These are the tell tale signs of what I like to call “Contractor Problems.” The Implied Warranty of Habitability applies to the construction of new homes, in Massachusetts. It…
1. What Did You Sign? The most common mistake most tenants in Massachusetts make is foregoing legal representation during eviction cases. The most common effect and pitfall there is signing an Agreement for Judgment in negotiation or mediation that signs away all the tenants’ rights – often giving up tens of thousands in compensation because the…
Attorney Shivick discusses motor vehicle Insurance Surcharge Appeals under Massachusetts law. Nothing in this educational video is a valid substitute for consulting an attorney about your specific legal issues. All rights reserved.
Trouble with the local inspector? Take pictures of everything, then try this… Massachusetts tenants have approached me complaining that their dwelling has violations of the State Sanitary Code, codified at 105 CMR 410.000. Maybe you have had the same problems. Sometimes I run into the rogue Board of Health Agent that seemingly will not conduct an…
Attorney Shivick discusses 5 More Things Your Landlord Doesn’t Want you to Know: Tenant Rights Under Massachusetts Law. Nothing in this video is intended as a substitute for consulting with an attorney. Nothing in this video is to be constued as legal advice.
When moving into an apartment or rental in Massachusetts, the landlord is limited to charging a First Month’s Rent, Last Month’s Rent, Security Deposit, and a one-time reasonable lock and key charge. That’s it and the Last and Security cannot exceed the monthly rent. The Massachusetts Security Deposit Law is renowned for its triple-damages clause…
Q: What is a Summary Process case? A: It’s the same thing as an eviction case in Massachusetts. It’s the only way to get a tenant out in Massachusetts. Self help evictions are illegal. Q; What is a Notice to Quit? A: A notice to quit is a carryover from English common law – which…
If you received a notice from a city or municipality in Massachusetts stating you must evict your tenant for violation of Massachusetts law such as criminal activity – you may be scared or confused or both or neither – but you still need to take action to avoid liability of your own accord. The municipality…
The Massachusetts tenant has a right to an eviction case per case law and M.G.L. c.186 and c.239, except for rare circumstances like a police raid – covered instead by M.G.L. c.139 s.19. Merely changing the locks or using other “self-help” means for eviction will likely result in the tenant winning money from the landlord and…
Attorney Shivick discusses Apartment Warranties and tenant rights under Massachusetts law, including Implied Warranty of Habitability and Covenant of Quiet Enjoyment. In order to obtain legal advice, you must consult a licensed attorney. Nothing in this video is a valid substitute for consulting with a licensed attorney.
Attorney Shivick discusses issues to consider when facing Retaliation by a Landlord against a Tenant in Massachusetts – as a defense to eviction and/or as a claim against the landlord. In order to obtain legal advice, you must consult a licensed attorney. Nothing in this video is a valid substitute for consulting with a licensed…
Some businesses do not merely bend the rules. They build a business model around hoping consumers and tenants do not know the rules exist. That is especially true in the overlap between landlord-tenant law, debt collection, and Housing Court. A landlord obtains or claims a debt. A property manager tries to prosecute a case. A…
With passing of the FY18 Massachusetts budget, the Massachusetts Trial Court has undertaken an expansion of its Housing Court system. What was formerly known as Western, Boston, Worcester, Northeast, and Southeast Housing Courts have been redistricted and rebranded to Western, Central, Eastern, Metro-South, Northeastern, and Southeastern Divisions of the Housing Court. New Housing Court Chief…
he simple facts of that case show a landlord who decided it was a one way street, trampling over the Legislature and Courts in the childish tantrum, and unilaterally effectuated a partial actual eviction of the tenant from that exercise/conference room by locking the door indefinitely – when the legal remedy was eviction for non-payment of rent after determination of the tenancy – which may in itself be insufficient to rebut the Anti-Retaliation law, M.G.L. c.186 s.18 and M.G.L. c.239 s.2A.
Commercial landlords in Massachusetts have far fewer legal obligations than residential landlords. That is the first reality every Massachusetts business tenant needs to understand before signing a commercial lease. Residential tenants receive a thick layer of statutory and common-law protections. Commercial tenants do not. A business tenant is generally expected to read the lease, understand…
A Massachusetts tenant has a right to privacy in the home. That right matters. A landlord does not get to barge into an apartment because he owns the building, because he is curious, because he wants to snoop, because he is angry, or because he has decided that the tenant’s schedule does not matter. But…
Not every eviction begins with a notice to quit. Sometimes the landlord does not file a summary process case. Sometimes there is no constable, no court date, and no execution. Sometimes the landlord does something more cowardly and more chaotic: the landlord makes the apartment so difficult, unsafe, unlivable, or intolerable that the tenant leaves….
Attorney Shivick discusses Msssachusetts Law regarding responsibility for Snow & Ice Removal: Tenant Rights Under Massachusetts Law. Visit SHIVICKLAW.com and contact Attorney Shivick for a free initial consultation today! Nothing in this video is intended as a substitute for consulting with an attorney. Nothing in this video is to be construed as legal advice. [image…
Attorney Shivick discusses Msssachusetts Law regarding M.G.L. c.186 s.15B(1)(b) and Pet Deposits: Tenant Rights Under Massachusetts Law. Nothing in this video is intended as a substitute for consulting with an attorney. Nothing in this video is to be construed as legal advice.
Attorney Shivick discusses issues surrounding the Used Motor Vehicle Lemon Law, Warranties, & Consumer Protection in Massachusetts. In order to obtain legal advice, you must consult a licensed attorney. Nothing in this video is a valid substitute for consulting with a licensed attorney.
Moving out of a Massachusetts apartment should be simple: pack your things, clean the unit, return the keys, and get your security deposit back. But too often, the end of a tenancy becomes the beginning of a dispute. A landlord claims the tenant failed to give proper notice. A security deposit is withheld for vague…
There is a quiet little racket that shows up far too often in Massachusetts rental housing: the tenant signs a lease saying the tenant pays for electricity, opens an account with the utility company, pays the bill every month, and only later discovers that the meter was never measuring just the tenant’s apartment. Maybe the…
Attorney Shivick discusses a tenant’s right to file an Answer and Discovery under Massachusetts law. In order to obtain legal advice, you must consult a licensed attorney. Nothing in this video is a valid substitute for consulting with a licensed attorney.
If you are a landlord bringing a summary process (eviction) case against a tenant in Massachusetts, the rules have changed. Previously, a landlord would send a Notice to Quit and, once it expired, would make legal “entry” to the apartment or tenement by serving and filing the Summons and Complaint with the local District or…
Don’t let your dream home become the nightmare on your street. Attorney Shivick reviews M.G.L. c.142A and provides you with 5 red flags to help you identify and protect yourself from predatory residential contractors in Massachusetts.
Is building your dream home becoming a nightmare? Late contractors. Wrong materials. Unworkmanlike construction. Take it or leave it attitude. Half-assiduous work. Surly workers. Unkept promises. These are the tell tale signs of what I like to call “Contractor Problems.” The Implied Warranty of Habitability applies to the construction of new homes, in Massachusetts. It…
Attorney Shivick discusses motor vehicle Insurance Surcharge Appeals under Massachusetts law. Nothing in this educational video is a valid substitute for consulting an attorney about your specific legal issues. All rights reserved.
When moving into an apartment or rental in Massachusetts, the landlord is limited to charging a First Month’s Rent, Last Month’s Rent, Security Deposit, and a one-time reasonable lock and key charge. That’s it and the Last and Security cannot exceed the monthly rent. The Massachusetts Security Deposit Law is renowned for its triple-damages clause…
Q: What is a Summary Process case? A: It’s the same thing as an eviction case in Massachusetts. It’s the only way to get a tenant out in Massachusetts. Self help evictions are illegal. Q; What is a Notice to Quit? A: A notice to quit is a carryover from English common law – which…
Attorney Shivick discusses Apartment Warranties and tenant rights under Massachusetts law, including Implied Warranty of Habitability and Covenant of Quiet Enjoyment. In order to obtain legal advice, you must consult a licensed attorney. Nothing in this video is a valid substitute for consulting with a licensed attorney.
he simple facts of that case show a landlord who decided it was a one way street, trampling over the Legislature and Courts in the childish tantrum, and unilaterally effectuated a partial actual eviction of the tenant from that exercise/conference room by locking the door indefinitely – when the legal remedy was eviction for non-payment of rent after determination of the tenancy – which may in itself be insufficient to rebut the Anti-Retaliation law, M.G.L. c.186 s.18 and M.G.L. c.239 s.2A.