Law Office of Theodore Koban, Attleboro Massachusetts

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Landlord Tenant


Massachusetts Eviction Information for Landlords and Tenants

Many landlords feel  they are able to operate their property as they see fit. Ever since the case of BOSTON HOUSING AUTHORITY vs. HEMINGWAY, 363 Mass. 184 (1973) nothing could be further from the truth. Whether you have a lease agreement or enter into a month to month tenancy ( a tenancy at will)  Massachusetts  housing law is highly regulated. It contains many procedures, and requirements, outlining the terms under which housing may be rented. There are many traps for the unwary landlord. Most of these traps provide a minimum financial penalty of three times the monthly rent and payment of the tenant’s attorney’s fees. The law also has  protections for tenants. These competing  laws come into play during the initial letting of a property and during eviction process, commonly referred to as “summary process.” Unfortunately, for any landlord who finds himself having to evict a tenant who has not paid rent for several months, the legal process will seem to be anything but “summary.” Landlords can find themselves confronted with numerous defenses involving the condition of the apartment during the tenancy, the allocation of utility expenses and the manner in which any security deposit taken has been collected and maintained.

Our office has extensive experience in not only dealing with evictions but with prosecuting, and defending, claimed of violations of the State Sanitary Code brought by a local Board of Health; rent withholding allegations by tenants based on warranty of habitability issues (M.G.L. Ch 239  §8A) including mold and lead paint contamination; consumer protection complaints (M.G.L. Ch 93A); and complaints of  security deposit violations (M.G.L. Ch 186 §15.)  For over 30 years we have represented landlords, and in select instances tenants, in claims brought in both the Massachusetts District Court system  (Attleboro, Taunton and Wrentham) and in the specialized Southeastern Division of the Housing Court Department created for this area of the law.

Contact Us Today By Calling 508-222-0700 or Emailing Us At TKobanEsq@Earthlink.net


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