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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.

2010283B00
8/17/2018
834 pages in 1 volume (printed book)
3rd Edition 2016, with 2018 Supplement
© 2018 MCLE, Inc.
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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:

  • 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

expand all | collapse all
Chapter 1 - Creating the Residential Tenancy (Buy Chapter)
Chapter 2 - Creating the Commercial Tenancy (Buy Chapter)
Chapter 3 - Reasonable Accommodation Issues in Housing (Buy Chapter)
Chapter 4 - Discrimination Issues in Housing (Buy Chapter)
Chapter 5 - Enforcement of the State Sanitary and Building Codes (Buy Chapter)
Chapter 6 - Lead Paint: Complying with Massachusetts Law (Buy Chapter)
Chapter 7 - Tort Actions Based on the Warranty of Habitability (Buy Chapter)
Chapter 8 - Tort Issues in Residential and Commercial Tenancies (Buy Chapter)
Chapter 9 - Landlord Applications for Injunctive Relief (Buy Chapter)
Chapter 10 - Probate and Family Law Issues in Housing (Buy Chapter)
Chapter 11 - Termination of Residential Tenancies (Buy Chapter)
Chapter 12 - Termination of Commercial Tenancies (Buy Chapter)
Chapter 13 - Appeals and Bonds (Buy Chapter)
Chapter 14 - Special Types of Tenancies (Buy Chapter)
Chapter 15 - Postforeclosure Evictions (Buy Chapter)
Chapter 16 - Residential and Nonresidential Real Property Leases in Bankruptcy (Buy Chapter)
Chapter 17 - Collection Practice in Residential and Commercial Tenancies (Buy Chapter)
Chapter 18 - Tenant Civil Actions for Damages and Other Relief (Buy Chapter)
Appendix - Massachusetts Housing Court Practice (Buy Chapter)

Editor(s)

Catherine F. Downing, Esq., Downing/Van Dyke, Boston

Judicial Commentator(s)

Hon. Timothy F. Sullivan, Eastern Housing Court, Commonwealth of Massachusetts, Boston

Ethical Commentator(s)

Author(s)

Benjamin O. Adeyinka, Esq., Eastern Housing Court, Commonwealth of Massachusetts, Boston
Scott D. Carman, Esq., Shaevel, Krems, O'Connor & Jackowitz LLP, Boston
Stephen G. Carreiro, Esq., Southeast Housing Court, Commonwealth of Massachusetts, Fall River
Edward Coburn, Esq., City of Boston Inspectional Services Department, Boston
Catherine F. Downing, Esq., Downing/Van Dyke, Boston
Hon. Robert G. Fields, Western Housing Court, Commonwealth of Massachusetts, Boston
Hon. Diana H. Horan, Central Housing Court, Commonwealth of Massachusetts, Worcester
Neil R. Janulewicz, Jr., Esq., Boston Inspectional Services Department, Boston
Hon. David D. Kerman, Northeast Housing Court, Commonwealth of Massachusetts, Lawrence
Kenneth A. Krems, Esq., Shaevel, Krems, O'Connor & Jackowitz LLP, Boston
Michael J. Louis, Esq., Boston Housing Authority, Boston
Angela Marcolina, Esq., Deputy General Counsel for Leased Housing, Boston Housing Authority, Boston
James M. McCreight, Esq., Greater Boston Legal Services, Boston
Alexander Mitchell-Munevar, Esq., Greater Boston Legal Services, Boston
James H. Van Dyke, Esq., Downing/Van Dyke, Boston
Stephen A. Wasserman, Esq., Wessler and Wasserman, Lawrence
William S. Weiss, Central Housing Court, Commonwealth of Massachusetts, Worcester
Lawrence A. Wind, Esq., The Law Office of Lawrence A. Wind, Boston

Speaker(s)

Pricing

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eForm (purchased individually) $18.00 $15.00 $13.50
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