Landlords/Tenants Real Estate Law
Real Estate Evictions
Evictions (Representing Both Landlords and Tenants)
As a landlord, the last thing you want to do is evict someone from your property. But if you’ve exhausted all of your other options and eviction is inevitable, there are specific steps you must take in Massachusetts to ensure the process is performed legally. As an experienced landlord-tenant litigation attorney, Erica advises you of your legal rights as landlord and walks you through the necessary steps of eviction. If you’re a tenant facing eviction, our firm can help you understand your responsibilities as tenant as well as the protections you are entitled to under the law. Our goal is to help you remain in your home while achieving a practical resolution between you and your landlord.
Importance of a Property Inspection
Sadly, there are times that a tenant will damage a property to get back at a landlord. Before your tenant leaves the property, you as the landlord should schedule and perform a thorough walk through of the property. 24 hours advance notice to the tenant is required in Massachusetts before the walk through occurs. You should take careful notes of the condition of the dwelling and take as many pictures as you can to document any damage. This will assist you in withholding a security deposit for damages that occur when a tenant is evicted. Knowing the Law The best way for a landlord in Massachusetts (or any state) to resolve disputes with a tenant is by avoiding them before they even begin. Many landlord/tenant problems arise because one party does not know they have broken the agreement or they are not aware of their rights under the law. As a landlord, you should take the time to learn the law. This will help you avoid disputes and make you a more successful landlord.
Tenant Rights, Late Rent
While non-payment of rent may be a legitimate reason for the landlord to attempt to evict you from the premises, the landlord must first take certain steps. The landlord must send you a 14-day notice to quit, and if this is your first notice during the last 12 months he must give you at least 10 days to pay any back rent you owe. Even if you cannot to pay the back rent, the landlord cannot just throw your property into the street. In order to physically evict you, the landlord must go to court and obtain an order for eviction, and you should receive notice to appear at this hearing. After the landlord gets and eviction order, the landlord may physically remove your belongings and place them into storage.
Knowing the Law
The best way for a landlord in Massachusetts (or any state) to resolve disputes with a tenant is by avoiding them before they even begin. Many landlord/tenant problems arise because one party does not know they have broken the agreement or they are not aware of their rights under the law. As a landlord, you should take the time to learn the law. This will help you avoid disputes and make you a more successful landlord.
Tenant Rights, Property Transfer
On the sale, foreclosure or other transfer of the building you are living in as a tenant, the landlord must transfer your last month’s rent to the new landlord with the accrued interest. The new landlord must give the tenant written notice of the transfer within 45 days after he/she receives the money. If the former owner fails to make the proper transfer, he/she would still be liable to the tenant, but so is the new landlord, in the amount of the last month’s rent. The new landlord can discharge this duty to the tenant by allowing the tenant to live free for a period covered by the last month’s rent.
Contact The Law Office of Erica M. Foster Today
Make sure your deal goes smoothly by hiring an experienced Massachusetts real estate lawyer to protect your interests. Contact the Law Office of Erica Foster today for a free initial consultation. Call us at 978.750.8857 or click here to fill out our online form. Some of the Massachusetts cities and towns we provide legal services to are: Beverly, Boxford, Danvers, Hamilton, Lynnfield, Manchester, Marblehead, Middleton, North Reading, Peabody, Salem, Topsfield and Wenham MA.