Additional Information: I am a landlord and own property in Brookline and Newton. A few of my tenants are behind in rent and I’d like to cover my costs by using their security deposit.

ATTORNEY ANSWER:

Yes you can but you must strictly comply with the Security Deposit Law and give the tenant a notice by certified mail within 30 days of them vacating that you are applying unpaid rent to the security deposit. [Read more...]

ADDITIONAL INFORMATION:
What are allowable damages for real estate misrepresentation under Massachusetts law? We signed a P & S with the sellers which had multiple items that were supposed to be completed by the seller prior to closing. They did not complete the work and now refuse to return our deposit money. What are my legal rights?

ATTORNEY ANSWER:
You can either sue to enforce the agreement which would be a breach of contract action for specific performance or simply sue to obtain a return of your deposit. You should check the provisions of the purchase and sale agreement closely to determine if these issues are addressed in the agreement. If the Seller is a business, you could have possible double or triple damages and attorney’s fees available to you. [Read more...]

ATTORNEY ANSWER:

You first must determine what type of relationship you have with your tenant. The rules of the game change with this determination. There are two main types of tenancies; one at will and one under a lease. Traditionally, tenancies at will were oral. This is no longer the case. In general, if a tenancy is oral or even if it is in writing, with the provision that either the landlord or tenant can terminate the relationship by giving a notice that is equal to the interval between the days of payment or thirty (30) days, whichever is longer, it is a tenancy at will. One can easily obtain this Notice to Quit from a legal stationery store, a constable, or a rental housing association. [Read more...]

ATTORNEY ANSWER:

Read the notice to quit to understand the reason. If the reason is for nonpayment of rent, you may be able to stop the eviction process by paying what is due by a specified time. The rules vary depending upon whether the tenant is one at will or whether one under a lease. If the tenancy is at will, the rule varies depending upon whether this is the first notice to quit received within the last twelve (12) months. After the notice to quit has run its course, you should expect to be served by a Constable or Sheriff with a Summary Process (eviction) Summons and Complaint form. You may well want to consult with an attorney. [Read more...]