Landlord & Tenant Disputes

Owning commercial or residential rental property can sometimes be both a blessing and a curse. Unless you are incredibly fortuitous, at some point during your tenure as landlord, you will need to evict one or more tenants. In Massachusetts, the eviction process is referred to as “summary process,” while in Rhode Island the nomenclature is more true to form as evictions are commenced by filing a complaint to evict. While going through a court eviction is largely a streamlined process with the ability to obtain a quick court date for a final disposition, it nonetheless requires careful adherence to the law that govern terminations of tenancies and evictions. There are numerous pitfalls to the unwary landlord that not only can render an eviction defective, but can also expose the landlord to a wide variety of tenant counterclaims and significant damages. A knowledgeable and experienced attorney overseeing the eviction process can be worth his weight in gold.

Laws in Massachusetts concerning residential and commercial property are complex, ensuring that you need the guidance of a lawyer to ensure that you are protected under the law. Both tenants and landlords have legal rights and responsibilities to one another, such as:

Tenant’s Rights and Responsibilities:

  • Right to housing without discrimination
  • Right to a safe living environment
  • Right to withhold rent for a landlord’s failure to make repairs
  • Right to notice when renting or showing property

Landlord’s Rights and Responsibilities:

  • Right to the payment of on-time rent
  • Right to limit the number of advance rent payments
  • Right to collect and return security deposits
  • Right to evict a tenant for breaking their lease
  • Right to deduct damages from a security deposit

Knowing your rights and how they are affected under the law is the first step when taking legal action against a tenant for failing to abide by the terms of their lease. Make sure you work with Massachusetts’s premier firm to ensure that you are completely protected!

It is not only the actual eviction itself, however, where utilizing the services of an attorney well-versed in eviction law can make the difference between a profitable venture and a costly lesson. More than a fair share of landlords, particularly in the area of residential rental property, enter the rental market without having a full understanding of what their obligations are under the law at the time of executing the lease in question. Knowing precisely what the law requires of you with respect to collection of a last month’s rent or a security deposit is hallowed ground for even an unintentional blunder can have far-reaching and devastating consequences to the landlord. Successful landlords have trusted attorneys preparing their leases and other notices and disclosures that are required under state and/or federal law.

D. Baker Law Group, P.C.: Committed Legal Advocacy

While getting the tenant out is almost universally the most pressing need for a landlord in a typical eviction case, one must not lose sight of the rent arrears issue. Obtaining a money judgment for back rent owed is just the tip of the iceberg. The post-judgment collection process is where the rubber meets the road. Attorney Baker has both ends covered: He has the expertise to navigate the occasional treacherous waters of the underlying eviction, and the skill and know-how to collect the money that is owed by the tenant once the eviction has been completed. Simply put, the ease of having one attorney covering all the proverbial bases is incredibly convenient and effective. As the old expression goes, don’t be “penny-wise and pound-foolish” in this area of the law.

David M. Baker, Esq.- your Massachusetts and Rhode Island Landlord-Tenant Law Attorney!

Ready to schedule your case evaluation? Simply call our firm today.