• What is c.93A, the Consumer Protection Law?
    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.…
  • What can a landlord charge me to move into an apartment in Massachusetts?
    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.
  • Landlord Lock Out? Know Your Rights!
    The good news for Massachusetts consumers is that Attorney Mike Shivick has been doing this work for a decade.
  • Defamation of Character, In Massachusetts.
    Have you been “Defamed” within the meaning of Massachusetts law? The answer depends on a number of factors. DEFAMATION is “[t]he taking from one’s reputation. The offense of injuring a person’s character, fame, or reputation by false and malicious statements. The term seems to be comprehensive of both libel and slander.” Thus, there are are…
  • Massachusetts Home Contractor Problems? 5 Red Flags to Look For to Avoid Being Scammed.
    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.
  • Home Buyer With New Construction Problems? You Have Rights Under Massachusetts Law.
    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…
  • Appealing Section 8 Termination is Often the Right Decision
    Massachusetts tenants have complained to me about the callousedness they face from their landlords – as well as their subsidy administrators (housing authority). The rules governing administration of Section 8 housing subsidies are spelled out at 24 CFR 982, et seq., and a copy of the tenancy addendum spelling out the majority of those regulations…
  • Top 5 Mistakes Tenants Make With Their Landlord
    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…
  • Appealing Insurance Surcharges for Motor Vehicles in Massachusetts
    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.
  • Difficulties With Local Board of Health? Try Putting It In Writing…
    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…
  • MA Tenants: 5 More Things Your Landlord Doesn’t Want You to Know!
    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.
  • Massachusetts Residential Security Deposit Law (3x Deposit) – M.G.L. c.186 s.15B
    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…
  • FAQ: Massachusetts Landlord-Tenant Questions Answered
    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…
  • The City Notified Me To Evict My Tenant, What Do I Do?
    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…
  • Eviction Case: Timeline In Massachusetts
    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…
  • 5 Things Your Landlord Doesn’t Want You To Know
    Attorney Shivick briefly discusses 5 important issues that every Massachusetts residential tenant should know about. 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.
  • MA Tenants: Quiet Enjoyment & Bad Conditions: Tenant Rights Under Massachusetts Law
    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.
  • MA Tenant Anti-Retaliation Laws: Tenant Rights Under Massachusetts Law
    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…
  • Shivick’s Appellate Work Has Lasting Consequences for Massachusetts Tenants
    My firm shuts down the most unlawful businesses, including landlords and debt collectors, as shown below. Here, I argued in the Court of Appeals with the resulting Rule 1:28 opinion affirming the housing court judge’s Order and finally shutting down the plaintiff in this case – the same plaintiff as  in LAS Collections v. Pagan,…
  • FY18 MA Budget Brings New Housing Court Map, Jurisdiction
    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…
  • Massachusetts Landlords May Trigger Quiet Enjoyment and Anti-Retaliation Statutes
    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.
  • Massachusetts Commercial Tenants Do Have Rights When Commercial Landlord Does Wrong
    Commercial landlords in the Commonwealth of Massachusetts have many fewer responsibilities than their residential counterparts. These commercial landlords enjoy an increased bargaining power due to the very limited space zoned for business. They do not face the same implied warranties and regulations as those renting in a residential setting. The commercial tenant in the Commonwealth…
  • MA Tenant Access For Landlord Repairs
    Attorney Shivick discusses Massachusetts Law regarding Landlord notice prior to accessing tenant’s apartment under Massachusetts Law. Visit Shivicklaw.com today to schedule a free initial consultation. 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 animation=”” size=”dont_scale” align=”alignleft”]http://www.shivicklaw.com/wp-content/uploads/2014/02/QR_code-2.png[/image]
  • MA Constructive Eviction: When A Landlord Illegally Forces Tenant Out
    Attorney Shivick discusses constructive eviction and tenant rights 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. [image animation=”” size=”dont_scale” align=”aligncenter”]http://www.shivicklaw.com/wp-content/uploads/2014/02/QR_code-2.png[/image]
  • MA Landlord Snow & Ice Removal: Tenant Rights Under Massachusetts Law
    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…
  • MA Pet Deposits: Tenant Rights Under Massachusetts Law
    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. [image animation=”” size=”dont_scale” align=”aligncenter”]http://www.shivicklaw.com/wp-content/uploads/2014/02/QR_code-2.png[/image]
  • MA Lemon Law: Used Car & Truck: Seller Failure to Repair & C.93A
    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.
  • MA Tenant Moving Out After Tenancy: How to Protect Yourself Under Massachusetts Law
    Attorney Shivick discusses issues to consider when moving out of your apartment 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.
  • Cross Metering – Paying For Utilities Outside Your Apartment – Tenant Rights Under Massachusetts Law
    Attorney Shivick discusses issues to consider when moving out of an apartment 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.
  • MA EVICTION CASE DEFENSE: Tenant Answer & Discovery: Tenant Rights In Massachusetts Evictions
    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.