Product Description

Recent updates:

• 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

  • 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;

  • 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

• 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 Courts 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

• 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

Table of Contents

Chapter 1 expand

Creating the Residential Tenancy

Buy Chapter

Catherine F. Downing, Esq., Downing Van Dyke, PC

Exhibit 1A

- Rental Application Buy Form

Exhibit 1B

- Request for Prior Landlord Reference Buy Form

Exhibit 1C

- Licensee Agreement Buy Form

Exhibit 1D

- Tenancy-at-Will Buy Form

Exhibit 1E

- Standard Form Apartment Lease Buy Form

Exhibit 1F

- Rent and Security Deposit Receipt Buy Form

Exhibit 1G

- Apartment Condition Statement Buy Form

Exhibit 1H

- Security Deposit Return Form Buy Form

Chapter 2 expand

Creating the Commercial Tenancy

Buy Chapter

Michael J. Moran, Esq.,

Exhibit 2A

- Exclusive Leasing Agreement Buy Form

Exhibit 2B

- Lease Buy Form

Exhibit 2C

- Definition of Percentage Rent Buy Form

Exhibit 2D

- Definition of Breakpoint and Gross Sales; Payment of Percentage Rent and Landlord’s Audit Provisions Buy Form

Exhibit 2E

- Office Definition of Operating Costs Buy Form

Exhibit 2F

- Retail Definition of Operating Costs Buy Form

Exhibit 2G

- Operating Costs Exclusions Buy Form

Exhibit 2H

- Tax Definition Buy Form

Exhibit 2I

- Audit Provision Buy Form

Exhibit 2J

- Subordination, Nondisturbance, and Attornment Agreement Buy Form

Chapter 3 expand

Reasonable Accommodation Issues in Housing

Buy Chapter

Exhibit 3A

- Bibliography Buy Form

Exhibit 3B

- Checklist of Impermissible Questions for Prospective Tenants Buy Form

Exhibit 3C

- Sample Letter to Verify Request for a Reasonable Accommodation Buy Form

Exhibit 3D

- Landlord’s Notice of Right to Request a Reasonable Accommodation Buy Form

Exhibit 3E

- Sample Request for Accommodation Buy Form

Chapter 4 expand

Discrimination Issues in Housing

Buy Chapter

Catherine F. Downing, Esq., Downing Van Dyke, PC
James H. Van Dyke, Esq., Downing Van Dyke, PC

Exhibit 4A

- Resources Buy Form

Exhibit 4B

- Chart of Antidiscrimination Statutes and Statutes of Limitations Buy Form

Exhibit 4C

- MCAD Complaint Form Buy Form

Exhibit 4D

- Sample Response by Respondent to MCAD Complaint Buy Form

Exhibit 4E

- HUD Complaint Form Buy Form

Chapter 5 expand

Enforcement of the State Sanitary and Building Codes

Buy Chapter

Edward Coburn, Esq., Boston Inspectional Services Department
Neil R. Janulewicz, Jr., Esq., Boston Inspectional Services Department

Exhibit 5A

- Notice of Violation (Building Code) Buy Form

Exhibit 5B

- Notice of Violation (Sanitary Code) Buy Form

Exhibit 5C

- City of Boston Code Provision CBC 9-1.3 (Inspection and Re-Inspection of Rental Units) Buy Form

Exhibit 5D

- City of Boston Ordinance Regulating the Maintenance of Vacant, Foreclosing Residential Properties Buy Form

Exhibit 5E

- Checklist for Housing Inspection Reports (G.L. c. 111, § 127B) Buy Form

Exhibit 5F

- Housing Complaint Screening Checklist Buy Form

Exhibit 5G

- City of Boston Code Provision CBC 9-14 (Short-Term Residential Rentals) Buy Form

Chapter 6 expand

Lead Paint: Complying with Massachusetts Law

Buy Chapter

Mark F. Itzkowitz, Esq.,

Exhibit 6A

- Tenant Lead Law Notification Buy Form

Exhibit 6B

- Notice to Property Owners and Tenants: Tenant’s Rights and Responsibilities Buy Form

Exhibit 6C

- Low-Risk Deleading Work by Homeowners and Their Agents: A Step-by-Step Guide Buy Form

Exhibit 6D

- Sample Complaint in Lead Paint Liability Action Buy Form

Exhibit 6E

- Sample Request for Production of Documents in Lead Paint Liability Action Buy Form

Exhibit 6F

- Sample Set of Interrogatories in Lead Paint Liability Action Buy Form

Exhibit 6G

- Sample Jury Instructions in Lead Paint Liability Action Buy Form

Chapter 7 expand

Tort Actions Based on the Warranty of Habitability

Buy Chapter

Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Exhibit 7A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 7B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 7C

- Plaintiff’s Requests for Production of Documents and Other Items Buy Form

Exhibit 7D

- Defendant’s Requests for Production of Documents and Other Items Buy Form

Exhibit 7E

- Jury Instructions Buy Form

Chapter 8 expand

Tort Issues in Residential and Commercial Tenancies

Buy Chapter

Mark F. Itzkowitz, Esq.,

Exhibit 8A

- Complaint and Jury Trial Demand (Negligent Maintenance) Buy Form

Exhibit 8AA

- Sample Jury Instructions on Damages (Plaintiff’s Perspective) Buy Form

Exhibit 8B

- Complaint and Jury Trial Demand with Chapter 93A Claim (Negligent Maintenance) Buy Form

Exhibit 8BB

- Sample Jury Instructions on Compensatory Damages (Plaintiff’s Perspective) Buy Form

Exhibit 8C

- Complaint and Jury Trial Demand (Negligent Security) Buy Form

Exhibit 8CC

- Sample Jury Instructions on Comparative Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 8D

- Plaintiff’s First Set of Interrogatories to Defendant (Trip and Fall) Buy Form

Exhibit 8DD

- Sample Jury Instructions on Evidence Properly Considered (Plaintiff’s Perspective) Buy Form

Exhibit 8E

- Plaintiff’s First Set of Interrogatories to Defendant (Negligent Security) Buy Form

Exhibit 8EE

- Sample Jury Instructions on Workers’ Compensation Lien (Plaintiff’s Perspective) Buy Form

Exhibit 8F

- Plaintiff’s First Request for Production of Documents to Defendant (Trip and Fall) Buy Form

Exhibit 8FF

- Sample Jury Instructions on Causation Without Use of Substantial Contributing Factor Language (Plaintiff’s Perspective) Buy Form

Exhibit 8G

- Plaintiff’s First Request for Production of Documents to Defendant (Negligent Security) Buy Form

Exhibit 8H

- Plaintiff’s Request for Jury Instructions Buy Form

Exhibit 8I

- Sample Jury Instructions on the Nature of a Civil Action (Plaintiff’s Perspective) Buy Form

Exhibit 8J

- Sample Jury Instructions on Burden of Proof (Plaintiff’s Perspective) Buy Form

Exhibit 8K

- Sample Jury Instructions on Preponderance of the Evidence (Plaintiff’s Perspective) Buy Form

Exhibit 8L

- Sample Jury Instructions on Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 8M

- Sample Jury Instructions on Duty of a Property Owner (Plaintiff’s Perspective) Buy Form

Exhibit 8N

- Sample Jury Instructions on Duty (Plaintiff’s Perspective) Buy Form

Exhibit 8O

- Sample Jury Instructions on Owner’s Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 8P

- Sample Jury Instructions on Owner’s Non-Delegateable Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 8Q

- Sample Jury Instructions on Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 8R

- Sample Jury Instructions on Duty: Foreseeability (Plaintiff’s Perspective) Buy Form

Exhibit 8S

- Sample Jury Instructions on Evidence of Control (Plaintiff’s Perspective) Buy Form

Exhibit 8T

- Sample Jury Instructions on Evidence of Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 8U

- Sample Jury Instructions on Evidence: Handrail Regulations (Plaintiff’s Perspective) Buy Form

Exhibit 8V

- Sample Jury Instructions on Standard of Care (Plaintiff’s Perspective) Buy Form

Exhibit 8W

- Sample Jury Instructions on Proximate Cause (Plaintiff’s Perspective) Buy Form

Exhibit 8X

- Sample Jury Instructions on Exact Cause of Injury (Plaintiff’s Perspective) Buy Form

Exhibit 8Y

- Sample Jury Instructions on Superseding Intervening Cause (Plaintiff’s Perspective) Buy Form

Exhibit 8Z

- Sample Jury Instructions on Causation (Plaintiff’s Perspective) Buy Form

Chapter 9 expand

Landlord Applications for Injunctive Relief

Buy Chapter

Catherine F. Downing, Esq., Downing Van Dyke, PC

Exhibit 9A

- Sample Verified Complaint (Drug Offenses) Buy Form

Exhibit 9B

- Sample Order (Drug Offenses) Buy Form

Exhibit 9C

- Sample Verified Complaint (Property Damage) Buy Form

Exhibit 9D

- Sample Order (Property Damage) Buy Form

Exhibit 9E

- Sample Verified Complaint (Trespassing) Buy Form

Exhibit 9F

- Sample Verified Complaint (Trespassing—Alternative) Buy Form

Exhibit 9G

- Sample Order (Trespassing) Buy Form

Exhibit 9H

- Sample Notice of Trespass Buy Form

Exhibit 9I

- Sample Verified Complaint (Refusal to Allow Access) Buy Form

Chapter 10 expand

Probate and Family Law Issues in Housing

Buy Chapter

Chapter 11 expand

Termination of Residential Tenancies

Buy Chapter

Catherine F. Downing, Esq., Downing Van Dyke, PC
James M. McCreight, Esq., Greater Boston Legal Services

Exhibit 11A

- Notice to Quit Terminating Tenancy at Will Buy Form

Exhibit 11B

- Notice to Quit Tenancy at Will with Offer of New Tenancy Buy Form

Exhibit 11C

- Notice to Quit for Lease Violation Buy Form

Exhibit 11D

- Rental Period Notice to Quit Buy Form

Exhibit 11E

- Use and Occupancy Letter Buy Form

Exhibit 11F

- Summary Process Summons and Complaint Buy Form

Exhibit 11G

- Housing Court Standing Order 1-01 Buy Form

Exhibit 11H

- Housing Court Standing Order 1-10 Buy Form

Exhibit 11I

- District Court Standing Order 1-11 Buy Form

Exhibit 11J

- MLRI Discovery Booklet Buy Form

Exhibit 11K

- Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel Buy Form

Exhibit 11L

- Plaintiff’s Sample Motion for Payment of Use and Occupancy and Supporting Affidavit Buy Form

Exhibit 11M

- Checklist for Notice Required from Storage Facility Holding Evicted Tenant’s Possessions Buy Form

Exhibit 11N

- Housing Court Standing Order 1-20 Buy Form

Chapter 12 expand

Termination of Commercial Tenancies

Buy Chapter

Frank A. Flynn, Esq., Flynn Law Group

Exhibit 12A

- Notice of Default for Nonpayment of Rent Buy Form

Exhibit 12B

- Notice to Quit / Notice of Termination of Commercial Lease Buy Form

Exhibit 12C

- Summary Process Summons and Complaint Buy Form

Exhibit 12D

- Plaintiff’s Motion to Strike Buy Form

Exhibit 12E

- Defendant’s Motion to Dismiss Buy Form

Chapter 13 expand

Appeals and Bonds

Buy Chapter

Michael J. Louis, Esq., Boston Housing Authority
Angela Marcolina, Esq., Boston Housing Authority

Chapter 14 expand

Special Types of Tenancies

Buy Chapter

Harvey J. Chopp, Esq.,
Jason Ben Cohen, Esq., Pressman & Kruskal
Frank A. Flynn, Esq., Flynn Law Group
James M. McCreight, Esq., Greater Boston Legal Services
Stephen A. Wasserman, Esq.,

Exhibit 14A

- Checklist of Permissible Reasons for Terminating a Manufactured Housing Tenancy Buy Form

Exhibit 14B

- Notice to Terminate a Manufactured Housing Tenancy Buy Form

Chapter 15 expand

Postforeclosure Evictions

Buy Chapter

Benjamin O. Adeyinka, Esq., Eastern Housing Court, Commonwealth of Massachusetts
James F. Creed, Jr., Esq., Creed & Formica

Exhibit 15A

- Opinion Letter Concerning Referendum on 2015 Mass. Acts c. 141 Buy Form

Exhibit 15B

- Letter to Petitioners Regarding Referendum on 2015 Mass. Acts c. 141 Buy Form

Exhibit 15C

- Reserved

Exhibit 15D

- Reserved

Exhibit 15E

- Attorney General’s Letter Dated December 13, 2010 Buy Form

Exhibit 15F

- Sample Form to File Impounded Materials Buy Form

Exhibit 15G

- Request for Information Buy Form

Exhibit 15H

- Occupant Notice to Vacate Buy Form

Exhibit 15I

- Tenant Notice to Vacate Buy Form

Exhibit 15J

- Mortgagor Notice Buy Form

Exhibit 15K

- Summary Process Summons and Complaint Buy Form

Exhibit 15L

- Summary Process Answer and Counterclaims Buy Form

Exhibit 15M

- Defendant’s Interrogatories, Request for Admissions, and Request for Production of Documents Buy Form

Exhibit 15N

- Agreement for Judgment Buy Form

Exhibit 15O

- Foreclosure Deed and Affidavit Buy Form

Exhibit 15P

- Complaint for Writ of Entry Buy Form

Chapter 16 expand

Residential and Nonresidential Real Property Leases in Bankruptcy

Buy Chapter

Victor G. Milione, Esq., Nixon Peabody LLP

Chapter 17 expand

Collection Practice in Residential and Commercial Tenancies

Buy Chapter

Scott D. Carman, Esq., Krems, Jackowitz & Carman, LLP
Kenneth A. Krems, Esq., Krems, Jackowitz & Carman, LLP

Exhibit 17A

- Sample Statement of Small Claim and Notice of Trial Form Buy Form

Exhibit 17B

- Verification of Defendant’s Address Buy Form

Exhibit 17C

- Application for Supplementary Process Buy Form

Exhibit 17D

- Sample Order Referring Case for Mediation Buy Form

Exhibit 17E

- Sample Complaint to Reach and Apply Rents in Satisfaction of Judgment Against Landlord Buy Form

Exhibit 17F

- Sample Letter to Debtor Postsuit Buy Form

Exhibit 17G

- Agreement for Judgment and for Payment Order Buy Form

Chapter 18 expand

Tenant Civil Actions for Damages and Other Relief

Buy Chapter

Lawrence A. Wind, Esq., Davagian, Grillo & Semple LLP

Exhibit 18A

- Housing Code Checklist Buy Form

Exhibit 18B

- Rent Withholding Letter Buy Form

Exhibit 18C

- Repair and Deduct Letter Buy Form

Exhibit 18D

- Checklist of Requirements Relating to Tenants’ Water Service Buy Form

Exhibit 18E

- Checklist of Actions Requiring Return of the Security Deposit Buy Form

Appendix

Massachusetts Housing Court Practice

Buy Chapter

Stephen G. Carreiro, Esq., Southeast Housing Court, Commonwealth of Massachusetts
Hon. Robert G. Fields, Western Housing Court, Commonwealth of Massachusetts
Hon. Diana H. Horan, Central Housing Court, Commonwealth of Massachusetts
Hon. David D. Kerman,
Hon. Manuel Kyriakakis,
Hon. Timothy F. Sullivan, Housing Court Department, Commonwealth of Massachusetts
William S. Weiss, Central Housing Court, Commonwealth of Massachusetts

Appendix A

- Practice in the Housing Court Buy Form

Appendix B

- Bench Memorandum for Residential Summary Process Cases Buy Form

Appendix C

- Pattern Jury Instructions in Landlord-Tenant Cases Buy Form

Editor(s)

Judicial Commentator(s)

Ethical Commentator(s)

Author(s)