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: 9/7/2022
- Edition: 4th Edition 2022
- Copyright: © 2022 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 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;
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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
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Update: August 2022
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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
- Nonexhaustive List of Impermissible Questions for Prospective Tenants Buy FormExhibit 3B
- Sample Certification of Need for Reasonable Accommodation Buy FormExhibit 3C
- Notice of Right to Request a Reasonable Accommodation Buy FormExhibit 3D
- Sample Request for Accommodation Buy FormChapter 4 expandDiscrimination Issues in Housing
Buy ChapterChapter 5 expandEnforcement of the State Sanitary and Building Codes
Buy ChapterChecklist 5.1
- Checklist for Housing Inspection Reports (G.L. c. 111, § 127B) Buy FormChecklist 5.2
- Housing Complaint Screening Checklist Buy FormExhibit 5A
- Notice of Violation (Building Code) Buy FormExhibit 5B
- Notice of Violation (Sanitary Code) Buy FormExhibit 5C
- Attorney General v. Gilardi, Western Housing Court Docket No. 17-CV-0088 Buy FormExhibit 5D
- City of Boston Code Provision CBC 9 1.3 (Inspection and Re-Inspection of Rental Units) Buy FormExhibit 5E
- City of Boston Ordinance Regulating the Maintenance of Vacant, Foreclosing Residential Properties Buy FormExhibit 5F
- 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
- Low-Risk Deleading Work by Homeowners and Their Agents: A Step-by-Step Guide Buy FormExhibit 6C
- Sample Complaint in Lead Paint Liability Action Buy FormExhibit 6D
- Sample Request for Production of Documents in Lead Paint Liability Action Buy FormExhibit 6E
- Sample Set of Interrogatories in Lead Paint Liability Action Buy FormExhibit 6F
- 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 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 Causation Without Use of Substantial Contributing Factor Language (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 (Criminal Activity) Buy FormExhibit 9B
- Sample Order (Criminal Activity) 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 ChapterChecklist 11.1
- Checklist for Notice Required from Storage Facility Holding Evicted Tenant’s Possessions Buy FormExhibit 11A
- Third Amended Housing Court Standing Order 6-20 Buy FormExhibit 11B
- Notice to Quit Terminating Tenancy at Will Buy FormExhibit 11C
- Notice to Quit Tenancy at Will with Offer of New Tenancy Buy FormExhibit 11D
- Notice to Quit for Lease Violation Buy FormExhibit 11E
- Rental Period Notice to Quit Buy FormExhibit 11F
- Use and Occupancy Letter Buy FormExhibit 11G
- Housing Court Standing Order 1-20 Buy FormExhibit 11H
- Summary Process Summons and Complaint Buy FormExhibit 11I
- Housing Court Standing Order 1 01 Buy FormExhibit 11J
- Housing Court Standing Order 1 10 Buy FormExhibit 11K
- District Court Standing Order 1 11 Buy FormExhibit 11L
- Plaintiff’s Sample Motion for Payment of Use and Occupancy and Supporting Affidavit Buy FormExhibit 11M
- MLRI Discovery Booklet Buy FormExhibit 11N
- Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel 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
- Attorney General’s Letter Dated December 13, 2010 Buy FormExhibit 15D
- Attestation Form to Accompany Residential Notice to Quit Buy FormExhibit 15E
- Sample Form to File Impounded Materials Buy FormExhibit 15F
- Request for Information Buy FormExhibit 15G
- Occupant Notice to Vacate Buy FormExhibit 15H
- Tenant Notice to Vacate Buy FormExhibit 15I
- Mortgagor Notice Buy FormExhibit 15J
- Summary Process Summons and Complaint Buy FormExhibit 15K
- Summary Process Answer and Counterclaims Buy FormExhibit 15L
- Defendant’s Interrogatories, Request for Admissions, and Request for Production of Documents Buy FormExhibit 15M
- Agreement for Judgment Buy FormExhibit 15N
- Foreclosure Deed and Affidavit Buy FormExhibit 15O
- 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
- Sample Letter to Debtor Postsuit Buy FormExhibit 17D
- Agreement for Judgment and for Payment Order Buy FormExhibit 17E
- Sample Complaint to Reach and Apply Rents in Satisfaction of Judgment Against Landlord Buy FormExhibit 17F
- Application for Supplementary Process Buy FormExhibit 17G
- Sample Order Referring Case for Mediation Buy FormChapter 18 expandTenant Civil Actions for Damages and Other Relief
Buy ChapterChecklist 18.1
- Checklist of Requirements Relating to Tenants’ Water Service Buy FormChecklist 18.2
- Checklist of Actions Requiring Return of the Security Deposit Buy FormExhibit 18A
- Housing Code Checklist Buy FormExhibit 18B
- Rent Withholding Letter Buy FormExhibit 18C
- Repair and Deduct Letter Buy FormAppendixMassachusetts Housing Court Practice
Buy Chapter - Editors & Authors