Some landlords think that because they “own” the rental unit, they can make all sorts of demands on the tenant. They think that they can enter the apartment any time they want and not even knock. They think that they can monitor the tenant and constantly tell the...
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It’s snowing. Do I have to shovel again?
Until 2010, Massachusetts landowners had two standards on snow and ice removal: natural accumulations and unnatural accumulations. This meant that if you didn't shovel, plow, or drive over the snow, it was a natural accumulation and the landowner couldn't be sued if...
Recently, Judge Young of the U.S. District Court for the District of Massachusetts, wrote an opinion interpreting the Massachusetts Security Deposit law, G.L. c. 186, § 15B. In the case of Hermida v. Archstone, (Civil Action No. 10-12083-WGY) the court addressed an...
Can a landlord charge for water and sewer?
In Massachusetts, in order for the landlord to charge for water and sewer, there are a number of specific steps that have to be taken. There has to be water conserving fixtures installed and the water has to be separately metered. A plumber has to certify as to the...
Tenants’ rights after foreclosure
In the recent case of Bank of New York v. Bailey, 460 Mass. 327, (SJC-10801, August 4, 2011) the court ruled that a tenant has the right to challenge the title of a owner who obtained their title to the property from a foreclosure. While this is considered by...
Landlords must strictly comply with security deposit law
The Massachusetts security deposit law imposes severe obligations on landlords. Tenants have argued a strict interpretation of the law and landlords have argued for good faith compliance. In the case of Lopes v. Williams, 2010 Mass. App. Div. 227 (2010) the court...
