Product Description

Recent updates:

• Update: August 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 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 two years that have passed since this publication was last updated. Highlights from the 2022 edition include

  • reliance on the Violence Against Women Act as a defense to eviction;

  • a substantially revised discussion of reasonable accommodations in housing, including
    • the relative burdens on the tenant to make a reasonable accommodation request and the defendant to show, where applicable, that compliance with the request would impose an "undue burden" or result in a "fundamental alteration" of its program;
    • the interaction of reasonable accommodation requests with safety concerns and with participation in housing subsidy programs; and
    • the use of personal care attendants or live-in aides for persons with disabilities;

  • vicarious liability for discriminatory housing practices;

  • the Centers for Disease Control's reduction of the "reference value" used to identify individuals with lead exposure;

  • lead poisoning liability under Chapter 93A and general negligence principles;

  • a recent Supreme Judicial Court decision finding that an owner renting a house for a weekend had no duty of care to third parties where the renter had sole and exclusive possession of the home;

  • discontinuation of the "substantial factor" test and adoption of the traditional "but for" standard for determining causation in most tort cases;

  • guidance on eviction practices under court protocols adopted in response to the COVID-19 pandemic;

  • a statutory amendment providing that minors are not to be named in summary process complaints;

  • a finding that the court has equitable authority to require that tenants make interim use and occupancy payments during a summary process eviction trial;

  • recent Housing Court cases on standing;

  • numerous recent cases on postforeclosure eviction along with related statutory and judicial developments; and

  • an overview of Housing Court changes relating to the COVID-19 pandemic.

  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 LLC

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

Deena Zakim, Esq., Greater Boston Legal Services

Exhibit 3A

- Nonexhaustive List of Impermissible Questions for Prospective Tenants Buy Form

Exhibit 3B

- Sample Certification of Need for Reasonable Accommodation Buy Form

Exhibit 3C

- Notice of Right to Request a Reasonable Accommodation Buy Form

Exhibit 3D

- Sample Request for Accommodation Buy Form

Chapter 4 expand

Discrimination Issues in Housing

Buy Chapter

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

Exhibit 4A

- Resources Buy Form

Exhibit 4B

- Table 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

Thomas J. Broom, Esq., Boston, City of/Law Department
Edward Coburn, Esq., Boston Inspectional Services Department
Neil R. Janulewicz, Jr., Esq., Boston, City of/Law Department
Kevin P. O'Connor, Jr., Esq., Boston Inspectional Services Department

Checklist 5.1

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

Checklist 5.2

- Housing Complaint Screening Checklist Buy Form

Exhibit 5A

- Notice of Violation (Building Code) Buy Form

Exhibit 5B

- Notice of Violation (Sanitary Code) Buy Form

Exhibit 5C

- Attorney General v. Gilardi, Western Housing Court Docket No. 17-CV-0088 Buy Form

Exhibit 5D

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

Exhibit 5E

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

Exhibit 5F

- 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

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

Exhibit 6C

- Sample Complaint in Lead Paint Liability Action Buy Form

Exhibit 6D

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

Exhibit 6E

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

Exhibit 6F

- 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 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 Causation Without Use of Substantial Contributing Factor Language (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 LLC

Exhibit 9A

- Sample Verified Complaint (Criminal Activity) Buy Form

Exhibit 9B

- Sample Order (Criminal Activity) 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

Hon. Alexander Mitchell-Munevar, Northeast Division, Housing Court, Commonwealth of Massachusetts

Chapter 11 expand

Termination of Residential Tenancies

Buy Chapter

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

Checklist 11.1

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

Exhibit 11A

- Third Amended Housing Court Standing Order 6-20 Buy Form

Exhibit 11B

- Notice to Quit Terminating Tenancy at Will Buy Form

Exhibit 11C

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

Exhibit 11D

- Notice to Quit for Lease Violation Buy Form

Exhibit 11E

- Rental Period Notice to Quit Buy Form

Exhibit 11F

- Use and Occupancy Letter Buy Form

Exhibit 11G

- Housing Court Standing Order 1-20 Buy Form

Exhibit 11H

- Summary Process Summons and Complaint Buy Form

Exhibit 11I

- Housing Court Standing Order 1 01 Buy Form

Exhibit 11J

- Housing Court Standing Order 1 10 Buy Form

Exhibit 11K

- District Court Standing Order 1 11 Buy Form

Exhibit 11L

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

Exhibit 11M

- MLRI Discovery Booklet Buy Form

Exhibit 11N

- Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel 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., Downing Van Dyke LLC
Angela Marcolina, Esq., Boston Housing Authority

Chapter 14 expand

Special Types of Tenancies

Buy Chapter

Harvey J. Chopp, Esq.,
Frank A. Flynn, Esq., Flynn Law Group
James M. McCreight, Esq., Greater Boston Legal Services
Stephen A. Wasserman, Esq.,

Checklist 14.1

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

Exhibit 14A

- 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
Charles Joseph Sweeney, Esq., Administrative Office of the Housing Court, Commonwealth of Massachusetts

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

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

Exhibit 15D

- Attestation Form to Accompany Residential Notice to Quit Buy Form

Exhibit 15E

- Sample Form to File Impounded Materials Buy Form

Exhibit 15F

- Request for Information Buy Form

Exhibit 15G

- Occupant Notice to Vacate Buy Form

Exhibit 15H

- Tenant Notice to Vacate Buy Form

Exhibit 15I

- Mortgagor Notice Buy Form

Exhibit 15J

- Summary Process Summons and Complaint Buy Form

Exhibit 15K

- Summary Process Answer and Counterclaims Buy Form

Exhibit 15L

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

Exhibit 15M

- Agreement for Judgment Buy Form

Exhibit 15N

- Foreclosure Deed and Affidavit Buy Form

Exhibit 15O

- 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

- Sample Letter to Debtor Postsuit Buy Form

Exhibit 17D

- Agreement for Judgment and for Payment Order Buy Form

Exhibit 17E

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

Exhibit 17F

- Application for Supplementary Process Buy Form

Exhibit 17G

- Sample Order Referring Case for Mediation Buy Form

Chapter 18 expand

Tenant Civil Actions for Damages and Other Relief

Buy Chapter

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

Checklist 18.1

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

Checklist 18.2

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

Exhibit 18A

- Housing Code Checklist Buy Form

Exhibit 18B

- Rent Withholding Letter Buy Form

Exhibit 18C

- Repair and Deduct Letter Buy Form

Appendix

Massachusetts Housing Court Practice

Buy Chapter

Hon. Sergio E. Carvajal, Central Division, Housing Court, Commonwealth of Massachusetts
Hon. Robert G. Fields, Western Housing Court, Commonwealth of Massachusetts
Hon. Diana H. Horan, Chief Justice, Housing Court, Commonwealth of Massachusetts
Hon. David D. Kerman,
Hon. Timothy F. Sullivan, Housing Court, Commonwealth of Massachusetts
Charles Joseph Sweeney, Esq., Administrative Office of the Housing Court, 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)