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Landlord Tenant Law Archives

The Free Rent Trick in Massachusetts

robber leaving houseLandlords have been fighting the free rent trick in Massachusetts for decades. There's a giant loophole in the Massachusetts General Laws, Chapter 239 Section 8A, that gives the tenant a "get out of jail free" card with evictions. We call this loophole "the free rent trick."

Massachusetts Tenants Have a Right to a Decent Place to Live

All Massachusetts tenants have a right to a decent, safe, and sanitary place toRepairs 1.jpglive. In Massachusetts, there are primarily four sources of law that give tenants this right:

Reasons Massachusetts Landlords May Evict Tenants

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Massachusetts landlords may only evict tenants for the following reasons:
  • Non-payment of rent
  • Violations of lease provisions
  • Nuisance/damage to unit
  • Illegal activity such as drug use
  • Refusal to agree to lease extension or renewal
  • Failure to provide access
  • Subtenant not approved by landlord
  • Landlord requires premises for housing for family member
  • Post-foreclosure and occupant refuses to pay fair market rent

Whether you are a tenant or landlord faced with an eviction problem, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation to learn of your rights.

Massachusetts Tenants May File a Counterclaim Against Landlord During Eviction

Massachusetts tenants in eviction ("summary process") cases have the option ofHome.jpg suing the landlord who is trying to evict them, in an action known as a counterclaim. A counterclaim, is a lawsuit brought against the party who first filed the lawsuit. Counterclaims are permitted in eviction cases brought for a tenant's failure to pay rent or a no-fault eviction. Counterclaims are not permitted for cause evictions (ex. violating the terms of a lease).

Tenants: How to Handle Unsafe Conditions in Your Massachusetts Apartment

Unsafe conditions in a Massachusetts apartment is an unfortunate reality for many tenants andDanger Warning.jpg landlords owning rental property. Buildings by nature get old and need repair, and despite the efforts of even the best landlords, unsafe conditions in an apartment can arise.

Massachusetts Landlords Cannot Refuse to Rent to Criminals

According to the U.S. Department of Housing and Urban Development (HUD), refusing to rent based on a criminal records is a form of racial discrimination, due to racial imbalances in the U.S. justice, despite the fact that criminal history is not a protected class under the federal Fair Housing Act.

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