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 01 expand

The Authoritative Framework for Alcoholic Beverage Licensing

Buy Chapter

Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Exhibit 1A

- G.L. c. 138, § 11: Questions to Be Placed on Ballot at Biennial State Election Buy Form

Chapter 02 expand

License Acquisitions

Buy Chapter

Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Chapter 03 expand

Licensing at the Local Level

Buy Chapter

Jon D. Aieta, Esq., McDermott, Quilty, Miller & Hanley, LLP
Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Chapter 04 expand

Entertainment Licensing

Buy Chapter

Carolyn M. Conway, Esq., Law Office of Carolyn M. Conway

Exhibit 4A

- Frequently Asked Questions: Sunday Licenses Buy Form

Exhibit 4B

- Memorandum of Decision and Order for Judgment for Order in James Associates, Inc. d/b/a Boston Beer Garden v. Mayor’s Office of Consumer Affairs & Licensing (1998) Buy Form

Chapter 05 expand

The License Application Procedure

Buy Chapter

Michael E. Brangwynne, Esq., Fletcher Tilton, PC
Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP
Adam Chin Ponte, Esq., Fletcher Tilton, PC

Exhibit 5A

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 26–State License Managers Buy Form

Exhibit 5B

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 26–Retail License Managers Buy Form

Exhibit 5C

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 15F–Farmer’s Market Permit Buy Form

Exhibit 5D

- ABCC Advisory Regarding On-Premises Licensees Permanently Selling Mixed Drinks for Off-Premises Consumption Buy Form

Exhibit 5E

- New Law Permits Farmer Distillers to Obtain Salesman Permits Buy Form

Exhibit 5F

- ABCC Advisory Regarding Food and Beverages Containing Hemp Derived CBD and/or THC on Licensed Premises Buy Form

Exhibit 5G

- ABCC “Electronic Signature” Guide Buy Form

Exhibit 5H

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 34B–Forms of Identifications Which Licensees May Reasonably Rely On Buy Form

Chapter 06 expand

Updates to the Application Process and Practical Pointers for Success at the Local and State Level

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Jon D. Aieta, Esq., McDermott, Quilty, Miller & Hanley, LLP
Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Checklist 6.1

- Topics for an Initial Client Meeting in an Alcoholic Beverages Licensing Matter Buy Form

Chapter 07 expand

Appeal

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Brian M. Haney, Esq., Casner & Edwards LLP

Exhibit 7A

- Short Form Petition on Appeal Buy Form

Exhibit 7B

- Sample Complaint Buy Form

Exhibit 7C

- Memorandum in Support of Motion Buy Form

Exhibit 7D

- Appeal of Entertainment Licensing Decision Buy Form

Chapter 08 expand

Practical Questions and Private Issues at the Massachusetts Alcoholic Beverages Control Commission

Buy Chapter

Kyle E. Gill, Esq., Alcoholic Beverages Control Commission, Commonwealth of Massachusetts

Exhibit 8A

- Decisions and Orders Regarding TVPs Buy Form

Exhibit 8B

- Decisions Regarding Dual Conditions Buy Form

Exhibit 8C

- ABCC Decision (BonCaldo Inc.) Regarding Service to an Intoxicated Person Buy Form

Exhibit 8D

- ABCC Decision (Braintree Brew House, LLC) Regarding Service to an Intoxicated Person Buy Form

Exhibit 8E

- ABCC Decision (Peregrine Endeavors, Inc.) Regarding Service to an Underaged Person Buy Form

Exhibit 8F

- ABCC Decision (Monkey Business Inc.) Regarding Possession of Alcoholic Beverage by Underaged Person Buy Form

Exhibit 8G

- ABCC Decision (Tanzila Inc.) Regarding Reasonable Reliance Pursuant to G.L. c. 138 § 34B Buy Form

Exhibit 8H

- Superior Court Decision (RK&E Corp.) Regarding Illegality on Premises Buy Form

Exhibit 8I

- ABCC Decision (Hong Kong Eastern Pearl Enterprise Inc.) Regarding Stings and Entrapment Buy Form

Exhibit 8J

- ABCC Decision (AHPP LLC) Regarding Subsequent Offenses Buy Form

Exhibit 8K

- ABCC Decision (Fannie’s Place Inc.) Regarding Control over Premises; Service of More than Two Drinks to Patron; Rollback of Hours; Reasonableness of Penalty Buy Form

Exhibit 8L

- ABCC Decision (RWJ Beverage (MA) LLC) Regarding Denial of License by Local Board Buy Form

Exhibit 8M

- ABCC Decision (Tavern Management Corp.) Regarding Cancellation of License for Non-Use Buy Form

Exhibit 8N

- ABCC Decision (Sajjan Enterprises LLC) Regarding Failure to Automatically Renew; Cancellation of License for Non-Use Buy Form

Exhibit 8O

- ABCC Decision (EZ Mart Foods Corp. of MA, Inc.) Regarding Denial of License by LLA Buy Form

Exhibit 8P

- Superior Court Decision (Arslan, Inc.) Regarding Automatic License Renewal Buy Form

Exhibit 8Q

- ABCC Decision (Local Vines & Gourmet, LLC) Regarding Right to Hearing at Local Board Buy Form

Editor(s)

Author(s)