Residential and Commercial Landlord-Tenant Practice in Massachusetts
Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.

- Product Number: 2010283B00
- Publication Date: 9/4/2020
- Edition: 3rd Edition 2016, with 2018 & 2020 Supplements
- Copyright: © 2020 MCLE, Inc.
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Product Description
Product Description
Landlord and tenant law in Massachusetts comprises a myriad of statutes, regulations, and common law provisions. This book guides you through each stage of the landlord-tenant relationship, from the creation of a tenancy to its termination and posttermination issues, providing sample documents and pleadings for guidance. Featured are judicial and ethics commentary as well as tips for effective practice. The manual is full of the information you need to understand the complexities of real estate lease agreements and to represent both lessors and lessees in residential and commercial relationships.
Recent updates:
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Update: August 2020
Dear Subscriber:
Thank you for updating your reference library with the 2020 supplement to Residential and Commercial Landlord-Tenant Practice in Massachusetts . This supplement brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
There have been a number of important developments in the two years that have passed since this publication was last updated. Highlights from the 2020 supplement include
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a Supreme Judicial Court decision affirming that
- recovery of damages for a slip and fall on snow or ice in a common area is limited to a tort claim for negligence and the injured party may not recover on a claim in contract under the implied warranty of habitability; and
- the doctrine of comparative negligence does not apply to breaches of the covenant of quiet enjoyment;
- the absence of a duty imposed on commercial landlords to repair or warn about dangerous conditions on adjacent public sidewalks;
- a new Housing Court standing order mandating e-filing by attorneys in summary process and small claims cases and setting forth registration requirements;
- requirements for establishing standing in eviction cases;
- standards for assessment of use and occupancy charges pending trial;
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numerous abstracts of recent decisions relating to foreclosures and evictions, on topics such as
- foreclosure by entry;
- foreclosure by power of sale;
- the right to cure under G.L. c. 244, § 35A;
- the Servicemembers Civil Relief Act;
- appeal bonds and appeals; and
- the obsolete mortgage statute.
The 2020 supplement also includes a substantially revised introduction from the ethics commentator highlighting ethics concerns in landlord-tenant practice as well as numerous updates to the ethics commentary interspersed throughout the book.
With this latest supplement, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant matter in Massachusetts. We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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a Supreme Judicial Court decision affirming that
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Update: August 2018
Dear Subscriber:
Thank you for updating your reference library with the 2018 supplement of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This supplement brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
There have been a number of important developments in the more than two years that have passed since this publication was last updated. Highlights from the 2018 supplement include
- a substantial expansion of the Housing Court’s geographic reach, with reorganized divisions and the hiring of additional associate justices and court personnel;
- a Supreme Judicial Court decision addressing the damages available for security deposit violations;
- an Appeals Court decision concluding that commercial landlords generally do not have a duty to warn about or repair hazardous conditions on adjacent public sidewalks;
- standards for assessing motions for intervention in summary process cases;
- recodification of the Violence Against Women Act (VAWA) as amended in 2013, the issuance of final regulations for the amended act, and a Supreme Judicial Court case indicating that VAWA may confer rights on a survivor of abuse to intervene in a subsidized housing eviction case;
- potential liability for developers under the manufactured housing community statute;
- issuance of the ninth edition of the State Building Code;
- conditions that the State Sanitary Code indicates “may endanger or impair the health, or safety and well-being� of the occupants;
- case law on the availability of tenant civil actions for damages;
- a substantially expanded discussion of statutes, regulations, and case law relating to mortgage foreclosures and postforeclosure evictions; and
- a newly added discussion of writs of entry (actions to recover possession of real property when the superior titleholder has been dispossessed), including a sample complaint.
The 2018 supplement also includes new and updated forms, newly reviewed judicial and ethics commentary, and updated practical guidance for representing landlords and tenants. With this latest supplement, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant matter in Massachusetts.
We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: April 2016
Dear Subscriber:
Thank you for updating your reference library with the 2016 edition of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This edition brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
There have been a number of important developments in the more than two years that have passed since this publication was last updated. Highlights from the 2016 edition include
- a 2015 U.S. Supreme Court case addressing disparate impact claims under the Fair Housing Act;
- discussion of the online docketing system for the Massachusetts Trial Court, which may be used for locating prior evictions and other court records;
- substantial revisions to the book's materials on lead paint provisions;
- recent Supreme Judicial Court decisions on the scope of liability for building code violations and on "mode of operation" liability for slips and falls in commercial establishments;
- notice of an upcoming (ninth) edition of the State Building Code;
- recent case law on the application of the security deposit provisions set forth in G.L. c. 186, § 15B;
- a newly added section discussing the use of administrative search warrants by state building inspectors;
- a new section describing residents' rights to purchase a mobile home park pursuant to G.L. c. 140, § 32R;
- a substantial expansion of the discussion of statutory and case law relating to mortgage foreclosures; and
- numerous recent decisions from the Housing Court on the termination of residential leases.
With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant matter in Massachusetts.
We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: August 2020
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Table of Contents
Table of Contents
expand allChapter 1 expandCreating the Residential Tenancy
Buy ChapterExhibit 1A
- Rental Application Buy FormExhibit 1B
- Request for Prior Landlord Reference Buy FormExhibit 1C
- Licensee Agreement Buy FormExhibit 1D
- Tenancy-at-Will Buy FormExhibit 1E
- Standard Form Apartment Lease Buy FormExhibit 1F
- Rent and Security Deposit Receipt Buy FormExhibit 1G
- Apartment Condition Statement Buy FormExhibit 1H
- Security Deposit Return Form Buy FormChapter 2 expandCreating the Commercial Tenancy
Buy ChapterExhibit 2A
- Exclusive Leasing Agreement Buy FormExhibit 2B
- Lease Buy FormExhibit 2C
- Definition of Percentage Rent Buy FormExhibit 2D
- Definition of Breakpoint and Gross Sales; Payment of Percentage Rent and Landlord’s Audit Provisions Buy FormExhibit 2E
- Office Definition of Operating Costs Buy FormExhibit 2F
- Retail Definition of Operating Costs Buy FormExhibit 2G
- Operating Costs Exclusions Buy FormExhibit 2H
- Tax Definition Buy FormExhibit 2I
- Audit Provision Buy FormExhibit 2J
- Subordination, Nondisturbance, and Attornment Agreement Buy FormChapter 3 expandReasonable Accommodation Issues in Housing
Buy ChapterExhibit 3A
- Bibliography Buy FormExhibit 3B
- Checklist of Impermissible Questions for Prospective Tenants Buy FormExhibit 3C
- Sample Letter to Verify Request for a Reasonable Accommodation Buy FormExhibit 3D
- Landlord’s Notice of Right to Request a Reasonable Accommodation Buy FormExhibit 3E
- Sample Request for Accommodation Buy FormChapter 4 expandDiscrimination Issues in Housing
Buy ChapterChapter 5 expandEnforcement of the State Sanitary and Building Codes
Buy ChapterExhibit 5A
- Notice of Violation (Building Code) Buy FormExhibit 5B
- Notice of Violation (Sanitary Code) Buy FormExhibit 5C
- City of Boston Code Provision CBC 9-1.3 (Inspection and Re-Inspection of Rental Units) Buy FormExhibit 5D
- City of Boston Ordinance Regulating the Maintenance of Vacant, Foreclosing Residential Properties Buy FormExhibit 5E
- Checklist for Housing Inspection Reports (G.L. c. 111, § 127B) Buy FormExhibit 5F
- Housing Complaint Screening Checklist Buy FormExhibit 5G
- City of Boston Code Provision CBC 9-14 (Short-Term Residential Rentals) Buy FormChapter 6 expandLead Paint: Complying with Massachusetts Law
Buy ChapterExhibit 6A
- Tenant Lead Law Notification Buy FormExhibit 6B
- Notice to Property Owners and Tenants: Tenant’s Rights and Responsibilities Buy FormExhibit 6C
- Low-Risk Deleading Work by Homeowners and Their Agents: A Step-by-Step Guide Buy FormExhibit 6D
- Sample Complaint in Lead Paint Liability Action Buy FormExhibit 6E
- Sample Request for Production of Documents in Lead Paint Liability Action Buy FormExhibit 6F
- Sample Set of Interrogatories in Lead Paint Liability Action Buy FormExhibit 6G
- Sample Jury Instructions in Lead Paint Liability Action Buy FormChapter 7 expandTort Actions Based on the Warranty of Habitability
Buy ChapterExhibit 7A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 7B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 7C
- Plaintiff’s Requests for Production of Documents and Other Items Buy FormExhibit 7D
- Defendant’s Requests for Production of Documents and Other Items Buy FormExhibit 7E
- Jury Instructions Buy FormChapter 8 expandTort Issues in Residential and Commercial Tenancies
Buy ChapterExhibit 8A
- Complaint and Jury Trial Demand (Negligent Maintenance) Buy FormExhibit 8AA
- Sample Jury Instructions on Damages (Plaintiff’s Perspective) Buy FormExhibit 8B
- Complaint and Jury Trial Demand with Chapter 93A Claim (Negligent Maintenance) Buy FormExhibit 8BB
- Sample Jury Instructions on Compensatory Damages (Plaintiff’s Perspective) Buy FormExhibit 8C
- Complaint and Jury Trial Demand (Negligent Security) Buy FormExhibit 8CC
- Sample Jury Instructions on Comparative Negligence (Plaintiff’s Perspective) Buy FormExhibit 8D
- Plaintiff’s First Set of Interrogatories to Defendant (Trip and Fall) Buy FormExhibit 8DD
- Sample Jury Instructions on Evidence Properly Considered (Plaintiff’s Perspective) Buy FormExhibit 8E
- Plaintiff’s First Set of Interrogatories to Defendant (Negligent Security) Buy FormExhibit 8EE
- Sample Jury Instructions on Workers’ Compensation Lien (Plaintiff’s Perspective) Buy FormExhibit 8F
- Plaintiff’s First Request for Production of Documents to Defendant (Trip and Fall) Buy FormExhibit 8FF
- Sample Jury Instructions on Causation Without Use of Substantial Contributing Factor Language (Plaintiff’s Perspective) Buy FormExhibit 8G
- Plaintiff’s First Request for Production of Documents to Defendant (Negligent Security) Buy FormExhibit 8H
- Plaintiff’s Request for Jury Instructions Buy FormExhibit 8I
- Sample Jury Instructions on the Nature of a Civil Action (Plaintiff’s Perspective) Buy FormExhibit 8J
- Sample Jury Instructions on Burden of Proof (Plaintiff’s Perspective) Buy FormExhibit 8K
- Sample Jury Instructions on Preponderance of the Evidence (Plaintiff’s Perspective) Buy FormExhibit 8L
- Sample Jury Instructions on Negligence (Plaintiff’s Perspective) Buy FormExhibit 8M
- Sample Jury Instructions on Duty of a Property Owner (Plaintiff’s Perspective) Buy FormExhibit 8N
- Sample Jury Instructions on Duty (Plaintiff’s Perspective) Buy FormExhibit 8O
- Sample Jury Instructions on Owner’s Duty of Care (Plaintiff’s Perspective) Buy FormExhibit 8P
- Sample Jury Instructions on Owner’s Non-Delegateable Duty of Care (Plaintiff’s Perspective) Buy FormExhibit 8Q
- Sample Jury Instructions on Duty of Care (Plaintiff’s Perspective) Buy FormExhibit 8R
- Sample Jury Instructions on Duty: Foreseeability (Plaintiff’s Perspective) Buy FormExhibit 8S
- Sample Jury Instructions on Evidence of Control (Plaintiff’s Perspective) Buy FormExhibit 8T
- Sample Jury Instructions on Evidence of Negligence (Plaintiff’s Perspective) Buy FormExhibit 8U
- Sample Jury Instructions on Evidence: Handrail Regulations (Plaintiff’s Perspective) Buy FormExhibit 8V
- Sample Jury Instructions on Standard of Care (Plaintiff’s Perspective) Buy FormExhibit 8W
- Sample Jury Instructions on Proximate Cause (Plaintiff’s Perspective) Buy FormExhibit 8X
- Sample Jury Instructions on Exact Cause of Injury (Plaintiff’s Perspective) Buy FormExhibit 8Y
- Sample Jury Instructions on Superseding Intervening Cause (Plaintiff’s Perspective) Buy FormExhibit 8Z
- Sample Jury Instructions on Causation (Plaintiff’s Perspective) Buy FormChapter 9 expandLandlord Applications for Injunctive Relief
Buy ChapterExhibit 9A
- Sample Verified Complaint (Drug Offenses) Buy FormExhibit 9B
- Sample Order (Drug Offenses) Buy FormExhibit 9C
- Sample Verified Complaint (Property Damage) Buy FormExhibit 9D
- Sample Order (Property Damage) Buy FormExhibit 9E
- Sample Verified Complaint (Trespassing) Buy FormExhibit 9F
- Sample Verified Complaint (Trespassing—Alternative) Buy FormExhibit 9G
- Sample Order (Trespassing) Buy FormExhibit 9H
- Sample Notice of Trespass Buy FormExhibit 9I
- Sample Verified Complaint (Refusal to Allow Access) Buy FormChapter 10 expandProbate and Family Law Issues in Housing
Buy ChapterChapter 11 expandTermination of Residential Tenancies
Buy ChapterExhibit 11A
- Notice to Quit Terminating Tenancy at Will Buy FormExhibit 11B
- Notice to Quit Tenancy at Will with Offer of New Tenancy Buy FormExhibit 11C
- Notice to Quit for Lease Violation Buy FormExhibit 11D
- Rental Period Notice to Quit Buy FormExhibit 11E
- Use and Occupancy Letter Buy FormExhibit 11F
- Summary Process Summons and Complaint Buy FormExhibit 11G
- Housing Court Standing Order 1-01 Buy FormExhibit 11H
- Housing Court Standing Order 1-10 Buy FormExhibit 11I
- District Court Standing Order 1-11 Buy FormExhibit 11J
- MLRI Discovery Booklet Buy FormExhibit 11K
- Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel Buy FormExhibit 11L
- Plaintiff’s Sample Motion for Payment of Use and Occupancy and Supporting Affidavit Buy FormExhibit 11M
- Checklist for Notice Required from Storage Facility Holding Evicted Tenant’s Possessions Buy FormExhibit 11N
- Housing Court Standing Order 1-20 Buy FormChapter 12 expandTermination of Commercial Tenancies
Buy ChapterExhibit 12A
- Notice of Default for Nonpayment of Rent Buy FormExhibit 12B
- Notice to Quit / Notice of Termination of Commercial Lease Buy FormExhibit 12C
- Summary Process Summons and Complaint Buy FormExhibit 12D
- Plaintiff’s Motion to Strike Buy FormExhibit 12E
- Defendant’s Motion to Dismiss Buy FormChapter 13 expandAppeals and Bonds
Buy ChapterChapter 14 expandSpecial Types of Tenancies
Buy ChapterChapter 15 expandPostforeclosure Evictions
Buy ChapterExhibit 15A
- Opinion Letter Concerning Referendum on 2015 Mass. Acts c. 141 Buy FormExhibit 15B
- Letter to Petitioners Regarding Referendum on 2015 Mass. Acts c. 141 Buy FormExhibit 15C
- ReservedExhibit 15D
- ReservedExhibit 15E
- Attorney General’s Letter Dated December 13, 2010 Buy FormExhibit 15F
- Sample Form to File Impounded Materials Buy FormExhibit 15G
- Request for Information Buy FormExhibit 15H
- Occupant Notice to Vacate Buy FormExhibit 15I
- Tenant Notice to Vacate Buy FormExhibit 15J
- Mortgagor Notice Buy FormExhibit 15K
- Summary Process Summons and Complaint Buy FormExhibit 15L
- Summary Process Answer and Counterclaims Buy FormExhibit 15M
- Defendant’s Interrogatories, Request for Admissions, and Request for Production of Documents Buy FormExhibit 15N
- Agreement for Judgment Buy FormExhibit 15O
- Foreclosure Deed and Affidavit Buy FormExhibit 15P
- Complaint for Writ of Entry Buy FormChapter 16 expandResidential and Nonresidential Real Property Leases in Bankruptcy
Buy ChapterChapter 17 expandCollection Practice in Residential and Commercial Tenancies
Buy ChapterExhibit 17A
- Sample Statement of Small Claim and Notice of Trial Form Buy FormExhibit 17B
- Verification of Defendant’s Address Buy FormExhibit 17C
- Application for Supplementary Process Buy FormExhibit 17D
- Sample Order Referring Case for Mediation Buy FormExhibit 17E
- Sample Complaint to Reach and Apply Rents in Satisfaction of Judgment Against Landlord Buy FormExhibit 17F
- Sample Letter to Debtor Postsuit Buy FormExhibit 17G
- Agreement for Judgment and for Payment Order Buy FormChapter 18 expandTenant Civil Actions for Damages and Other Relief
Buy ChapterExhibit 18A
- Housing Code Checklist Buy FormExhibit 18B
- Rent Withholding Letter Buy FormExhibit 18C
- Repair and Deduct Letter Buy FormExhibit 18D
- Checklist of Requirements Relating to Tenants’ Water Service Buy FormExhibit 18E
- Checklist of Actions Requiring Return of the Security Deposit Buy FormAppendixMassachusetts Housing Court Practice
Buy Chapter - Editors & Authors