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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.

834 pages in 1 volume (printed book)
3rd Edition 2016
© 2016 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: 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 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

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 - Landlord-Tenant Litigation Resource Materials (Buy Chapter)


Catherine F. Downing, Esq., Law Offices of Catherine F. Downing & Associates, Boston

Judicial Commentator(s)

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

Ethical Commentator(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
Dana E. Casher, Esq., Casher Law Offices, PC, Boston
Edward Coburn, Esq., Boston, City of/Law Department, Boston
Catherine F. Downing, Esq., Law Offices of Catherine F. Downing & Associates, Boston
Hon. Robert G. Fields, Massachusetts Housing Court, Western Division, Springfield
Frank A. Flynn, Esq., Flynn Law Group, Boston
Hon. Diana H. Horan, Central Housing Court, Commonwealth of Massachusetts, Worcester
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., Boston, City of/Housing Authority Legal Department, Boston
James M. McCreight, Esq., Greater Boston Legal Services, Boston
Alexander Mitchell-Munevar, Esq., Greater Boston Legal Services, Boston
James H. Van Dyke, Esq., Law Office of Catherine F. Downing & Associates, Boston
Stephen A. Wasserman, Esq., Wessler and Wasserman, Lawrence



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