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Landlord Rights in Boston

Landlords have a very difficult job, because much of it involves making legal arrangements. From writing a lease, to escrowing security deposits, to the difference between proper and improper eviction, landlords see it all. Evictions, in particular, require following a proper legal procedure, as many states have modified their laws to make evictions more difficult.

Almost all of the situations landlords face cry out for involvement from a Boston Real Estate lawyer. This is particularly true because a legal mistake by a landlord can get punished in the courts, so it is always less time consuming and less expensive to ascertain your rights before a conflict, rather than after.


Recently in Landlord Rights in Boston:

Landlord Liability for Crimes?

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Boston is primarily a student town. So with the odd combination of naivete and braggadocio that often comes with 18- to 22-year-olds, landlords in Boston might expect a bit of crime in their neighborhoods ranging from petty thefts to drug dealing and even assaults.

In that case, you may be wondering what is a landlord’s liability for crimes?

What You Should Know About Massachusetts Eviction Laws

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It's a lot easier to threaten eviction than to actually evict someone. If your landlord is threatening to throw you out or lock you out of your apartment, you should know that Massachusetts eviction laws require your landlord to have a court order and follow a specific procedure to actually carry out the threat.

First, landlords can only evict you for certain reasons and only after they've given you specific notice of the eviction. For example, if you fail to pay rent, your landlord must give you a 14-day notice to quit the lease and give you an opportunity to repay the rent you owe.

4 Top Tips for Landlords

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Being a landlord involves much more than simply collecting rent. By taking certain actions, or ignoring certain problems, you may find yourself on the wrong side of a lawsuit. Here are four tips for landlords to ensure efficient management of property and avoidance of legal trouble.

Tip #1: Don't Discriminate Against Prospective Tenants

You cannot make decisions on tenants for discriminatory reasons. For example, you cannot refuse to rent to African-Americans, older people, married couples, or make decisions based on someone's sexual orientation. If you do, you can be sued for discrimination. Instead, you can base rental decisions on legitimate factors like credit history, employment history, and income.

Politics, Boston Redevelopment, and Air Rights

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With the Big Dig finally concluding in 2007, the next big fight in Boston redevelopment may be the battle over air rights along the Massachusetts Turnpike. The Simon Property Group is currently seeking to enlarge Copley Place, and with the help of Mayor Thomas Menino and Governor Deval Patrick, they may be able to move forward after leasing the air rights from the state that would allow the expansion.

According to The Boston Globe, Simon Property plans to expand Copley Place by building a complex that would include 318 condominiums, a larger Neiman Marcus store, and a glass-enclosed garden with restaurants and shops. The expansion would involve the property above the Massachusetts Turnpike.

Boston Landlord Refuses To Fix Code Violations

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While Mayor Menino has vowed to crack down in landlords with major code violations, there is one Boston landlord that says he will not be fixing his code violations. The Boston Herald reports that Candeloro J. Maggio told the paper, "I'm gonna do nothing."  He was referring to his property in the Hub that was housing illegal tenants who caused one of Boston's largest fires.

According to the Boston Herald, Candeloro Maggio said that he knew that his tenants were living in his complex illegally. He was also aware that these tenants caused a blaze on August 21 by shooting fireworks into his warehouse next door. The buildings owned by Maggio had electrical code violations, an illegal auto body shop with flammable liquids and exposed wiring, and hills of trash.

Boston Redevelopment Authority Criticizes Landlord Robert Posner

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It's been four years since the Downtown Crossing Barnes & Noble closed. As a result, the Boston Herald reports that the Boston Redevelopment Authority is criticizing landlord Robert Posner for failing to lease the space out and letting the building in the shopping district fall into disrepair.

Randi Lathrop, Boston Redevelopment Authority's community planning director, said: "It's very frustrating to have such a prime location stay empty for so long. It's a mystery to us why it continues to be vacant. The only explanation is that the owner is asking way too much rent." The property is currently vacant and there are no prospects to of tenants for the five story building. A Boston real estate attorney can often assess why prospective tenants refuse to lease a space, but in this case it seems like those in the Boston real estate market have their own ideas.

Landlords and Tenant Pets: Read That Lease

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The Foster's Daily Journal reports that a Somersworth tenant by the name of Ellen Gibbs-LeJeune is up in arms because her landlord won't let her adopt another dog. Ms. Gibbs-LeJeune is a Parkview Terrace resident who is 80 years old. When she asked her landlord if she could adopt a dog, her landlord said that since she left "several pet stains" on the carpet of a unit she rented in the same complex before she moved to her new unit.

The Parkview Terrace property manager said: "She and (the landlord) had words when she moved. He had to replace the carpeting. That's the reason for the denial."

Landlord's Son Tosses Tenant Out Window Over Back Rent

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We all know that the relationship between a landlord and a tenant can get messy if the tenant owes some back rent to the landlord. It can sometimes lead to legal claims filed by a Boston real estate lawyer. However, most tenants would not expect to be thrown out of a window over unpaid back rent!

The Boston Herald reports that Kara Ferris asked her 16 year old son Daniel Bazzinotti to throw out her tenant Richard Brothers over an issue with back rent. Bazzinotti along with his buddies Brian Lally and Shane Denn threw Richard Brothers all right. The teens threw him out of a second story window.   

The Lowdown on Rental Deposits

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Moving out of a rental home or apartment provides its own challenges. And while it should be a painless process, many people find themselves hiring a Boston real estate attorney when things get messy.

Ironically, messiness may be the very reason that a Boston real estate attorney may need to get involved. Rental deposits can become an issue, especially when a landlord claims the need to keep the deposit as a means of cleaning up the physical mess left behind in an apartment.

Knock, Knock! When Can a Landlord Enter?

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Have you ever wondered if it was okay for your landlord to enter your property?

That's a broad question but a good one for a MA real estate attorney, since each state differs with their laws regarding landlord entry.

This particular question is governed by The Massachusetts General Laws, chapter 186, section 15B(1)(a).