Legal Resources: Landlord Tenant

Successful Summary Process Eviction and Recovery of Possession Following Housing Court Litigation

Goldman & Pease, LLC recently secured possession of a residential unit on behalf of a landlord client after extensive eviction litigation in the Eastern Court. The matter arose after the tenant obtained the tenancy through material misrepresentations on her rental application, including the concealment of three prior Housing Court actions for nonpayment of rent. During the proceedings, evidence demonstrated that the tenant also submitted falsified financial documents, including fabricated pay stubs and an employment agreement, falsely representing annual income in excess

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Commonwealth Extends Eviction Moratorium. What this means for Commercial Landlords

Chapter 65 of the Acts of 2020 (i.e., An Act Providing for a Moratorium on Evictions and Foreclosures during the COVID-19 Emergency) (“Act”) was extended by Governor Baker. Our office drafted an Article on the Act as it relates to the Moratorium’s impact on residential evictions (“Moratorium”). This update will focus on the commercial landlord and its rights while the Moratorium is in effect. How Does the Moratorium Impact Commercial Landlords? The Moratorium prohibits any non-essential eviction of a “small business

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As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

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Successful Summary Process Eviction and Recovery of Possession Following Housing Court Litigation

Goldman & Pease, LLC recently secured possession of a residential unit on behalf of a landlord client after extensive eviction litigation in the Eastern Court. The matter arose after the tenant obtained the tenancy through material misrepresentations on her rental application, including the concealment of three prior Housing Court actions for nonpayment of rent. During the proceedings, evidence demonstrated that the tenant also submitted falsified financial documents, including fabricated pay stubs and an employment agreement, falsely representing annual income in excess

Read More »

Commonwealth Extends Eviction Moratorium. What this means for Commercial Landlords

Chapter 65 of the Acts of 2020 (i.e., An Act Providing for a Moratorium on Evictions and Foreclosures during the COVID-19 Emergency) (“Act”) was extended by Governor Baker. Our office drafted an Article on the Act as it relates to the Moratorium’s impact on residential evictions (“Moratorium”). This update will focus on the commercial landlord and its rights while the Moratorium is in effect. How Does the Moratorium Impact Commercial Landlords? The Moratorium prohibits any non-essential eviction of a “small business

Read More »

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Read More »
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