Landlord and Tenant Law

We represent landlords and property managers in many court systems and before various administrative boards, including the Housing Court, District Court, Superior Court, United States District Court, the Massachusetts Commission Against Discrimination (MCAD), the U.S. Environmental Protection Agency (EPA), and the Massachusetts Fire Safety Commission's Automatic Sprinkler Appeals Board. 

• Tenant selection
• Leases and rental agreements
• Security deposits
• Last month’s rent
• Rental policies and procedures
• Notices to quit
• Eviction proceedings
• Temporary restraining orders
• Subsidized housing, including section 8 issues
• Lead paint issues
• Reasonable accommodation/modification for disability
• Housing discrimination
• State sanitary and building code issues
• Defense of claims alleging breach of warranty of habitability
• Defense of claims alleging breach of quiet enjoyment
• Defense of claims alleging emotional distress
• Defense of claims alleging violations of G.L. c. 93A

• Bad conditions
• Breach of warranty of habitability
• Breach of quiet enjoyment
• Housing discrimination
• Lead paint
• Security deposit violations
• Emotional distress
• Retaliation
• Cross-metering of utilities
• Unfair and deceptive practices in the business of being a landlord

The receiver may collect rents from occupants and borrow money to make improvements. We are available to represent receivers through this judicial process.

We represent parties before the U.S. Environmental Protection Agency (EPA) and the Massachusetts Commission Against Discrimination (MCAD) in connection with claims arising out of alleged violations of lead paint laws. We also represent tenants with children under the age of six or those with children who have been injured by lead poisoning.

Massachusetts law defines “handicap” as “a physical or mental impairment which substantially limits one or more major life activities.” The law also defines the term as having a record of such an impairment or being perceived as having such an impairment.

A reasonable accommodation is a change in the rules, policies, or practices of a landlord so that the disabled tenant is able to use and enjoy the unit. A reasonable modification, on the other hand, is a physical change to the unit’s structure which will make it accessible to the disabled tenant.

 

However, a landlord is only required to provide accommodations or allow modifications that are reasonable under the circumstances. Accommodations or modifications which would impose an undue financial or administrative burden on the landlord are not reasonable. Who must pay for a reasonable modification will depend on the specific situation!

Our firm is available to help landlords navigate the complicated legal requirements of the anti-discrimination laws and to assist tenants in vindicating their rights to equal access to housing. 

• Disability or handicap
• Familial status
• Race, color, national origin, or ancestry
• Religion or creed
• Sex

This means that landlords, as well as property managers and agents, cannot discriminate based on the protected classes in the provision of housing, including the terms, conditions, or privileges of the rental of a dwelling and in the advertising of rentals. Massachusetts law also protects tenants from discrimination on the basis of:

• Sexual orientation
• Marital status
• Age
• Income source
• Receipt of public assistance or rental subsidy
• Veteran or military status

There are very limited exclusions from some of the anti-discrimination laws based on the type of housing involved. Housing discrimination may be subtle or blatant, intentional or seemingly unintentional. If you have been accused of discrimination, it is important to have a knowledgeable and experienced attorney review the allegations immediately. A landlord may not even realize it has violated a fair housing law, and the landlord’s attempts to explain may make matters worse. Contact our attorneys immediately if you find yourself accused of discrimination!

If you are a tenant who feels discriminated against, there are strict time limits within which you must file your claim in order to protect your rights. Please contact our office today!