Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 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 numerous important developments in the two years since this publication was last updated. Highlights from the 2024 edition include

  • enactment of the Affordable Homes Act, which included, among other provisions, mandatory language for tenant rental applications and pro-tections for sealed eviction records;

  • extensive procedural changes set forth in Housing Court Standing Or-der No. 1-23, effective June 5, 2023:g
    • use of eSummons to obtain a summons and complaint for a sum-mary process action in Housing Court;
    • establishment of a two-tier process for Housing Court proceedings, with an initial date for mediation and negotiation and a subsequent trial date; and
    • specification of the kinds of events that would normally be con-ducted through in-person and remote hearings;

  • an overview of notices to quit;

  • a 2023 Appeals Court case permitting the use of email to invoke a non-renewal provision in a commercial lease despite contrary provisions in the lease document;

  • recent case law on liquidated damages; and

  • updated discussions of postforeclosure eviction and related issues such as use and occupancy payments, appeal bonds, bankruptcy, and pre-foreclosure face-to-face meetings.

  With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant mat-ter 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.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Income: Sources, Discovery, and Evidence

Buy Chapter

Emmanuel J. Dockter, Esq.,
Michael L. Leshin, Esq., HealyFiske LLP

Checklist 1.1

- Checklist for Determining Sources of Income from Employment Buy Form

Checklist 1.2

- Checklist for Determining Sources of Income from Investments Buy Form

Checklist 1.3

- Checklist for Determining Sources of Income from Government Entities, Trusts, and Retirement Plans Buy Form

Checklist 1.4

- Checklist of Sources of Information Regarding Opposing Party’s Income Buy Form

Chapter 2 expand

Child Support and Alimony

Buy Chapter

Pasquale DeSantis, Esq., Prince Lobel Tye LLP
Peter A. Kuperstein, Esq., Prince Lobel Tye LLP
Donald G. Tye, Esq., Prince Lobel Tye LLP

Exhibit 2A

- 2021 Massachusetts Child Support Guidelines Buy Form

Exhibit 2B

- Child Support Guidelines Worksheet Buy Form

Exhibit 2C

- Findings and Determinations for Child Support and Post-Secondary Education Buy Form

Exhibit 2D

- 2D—DOR/CSE Tips for Family Lawyers Buy Form

Exhibit 2E

- Child Support Intake Form and Application for Full Child Support Services Buy Form

Exhibit 2F

- DOR/CSE Regional Offices Buy Form

Exhibit 2G

- Alimony Reform Act of 2011 Buy Form

Chapter 3 expand

Division of Real Property and Intangible Nonretirement Assets

Buy Chapter

Emmanuel J. Dockter, Esq.,

Chapter 4 expand

Division of Retirement Assets in Divorce

Buy Chapter

Ari J. Sonneberg, Esq., Wagner Law Group, PC
Marcia S. Wagner, Esq., Wagner Law Group, PC

Exhibit 4A

- IRS Sample QDRO Buy Form

Exhibit 4B

- Sample QDRO and Comments from Massachusetts Teachers’ Retirement System Booklet, What You Need to Know as a Party to a Domestic Relations Order Buy Form

Exhibit 4C

- Rev. Rul. 2002-22, 2002-1 CB 849, 05/08/2002, I.R.C. § 1041 Buy Form

Exhibit 4D

- Rev. Rul. 2004-60, 2004-24 IRB 1051, 06/04/2004, I.R.C. § 3111 Buy Form

Chapter 5 expand

Business Valuation

Buy Chapter

David M. Bilodeau, Esq., Goldstein & Bilodeau, PC
Howard I. Goldstein, Esq.,

Exhibit 5A

- Example Request for Production of Documents Buy Form

Exhibit 5B

- Example Request for Interrogatories Buy Form

Exhibit 5C

- Example Deposition Subpoena Buy Form

Chapter 6 expand

Life Insurance

Buy Chapter

Brendan M. Collins, Esq.,
Julie Linehan, Northwestern Mutual
Kelly A. Schwartz, Esq., Fitch Law Partners LLP

Exhibit 6A

- Sample Benefits and Premiums Buy Form

Exhibit 6B

- Special Authorization Form Buy Form

Exhibit 6C

- Draft HIPAA Waiver Buy Form

Chapter 7 expand

Inheritances, Gifts, and Trust Interests in Divorce

Buy Chapter

Jonathan E. Fields, Esq., Fields and Dennis LLP

Chapter 8 expand

Payment of Children’s College Education

Buy Chapter

Larry Dannenberg,
Barbara L. Drury, Esq., Fitch Law Partners LLP
John P. Foley, E3 Financial Planning
Al Hoffman, College Funding Service Center
Stephen A. MacKenzie, Esq., Fitch Law Partners LLP
Andrea M. Winterer, E3 Financial Planning

Chapter 9 expand

Reverse Mortgages During and After Divorce

Buy Chapter

Stephen R. Pepe, Esq., Longbridge Financial, LLC

Exhibit 9A

- Sample HECM Promissory Note Buy Form

Exhibit 9B

- Sample HECM Mortgage Buy Form

Exhibit 9C

- List of EOEA Approved Counseling Agencies Buy Form

Exhibit 9D

- Sample FHA Gift Affidavit Buy Form

Exhibit 9E

- FHA Amendatory Clause Buy Form

Chapter 10 expand

Bankruptcy and Divorce

Buy Chapter

Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 11 expand

Tax Considerations

Buy Chapter

Claire K. Forkner, Esq., Lee & Rivers, LLP
David H. Lee, Esq., Lee & Rivers LLP

Exhibit 11A

- Intended Taxable/ Deductible Alimony Adjustment; Intent of the Parties Buy Form

Exhibit 11B

- Indemnification Clauses for Use in Separation Agreement Alternative 1 Buy Form

Exhibit 11C

- Indemnification Clauses for Use in Separation Agreement Alternative 2 Buy Form

Exhibit 11D

- Indemnification Agreement for Use During Pendency of Divorce Buy Form

Editor(s)

Author(s)