A lease agreement between a landlord and their tenant[s] is a legally binding contract put in place to protect the interests and rights of all parties involved. When one party fails to comply with their end of the agreement, disputes will arise. Irreconcilable disputes between a landlord and tenant may need to be solved through litigation. In this case, the most important step is to secure an experienced landlord tenant dispute attorney.
Whether you’re a landlord in need of an eviction lawyer or a tenant wishing to speak to a tenant rights attorney, our experienced team at Carter DeYoung will protect your rights.
It is standard for a landlord and tenant to agree and sign a rental lease either for a specific term, usually annually, or a tenant-at-will lease, which is a month-by-month agreement. Annual leases protect the amount of rent initially agreed upon for the term of the lease. Regardless of the type of lease, a yearly or monthly agreement should outline all the specific responsibilities for both the tenant and the landlord and be agreed to before signing by each party. Having a clear understanding at the outset generally reduces any future disagreements or any misunderstandings that can be costly for both parties.
All leases must include the current name, address and telephone number of the property owner, a person(s) responsible for maintaining the property and the contact person to provide formal notices, complaints or any legal documents that would be enforced. The lease should also include any monies paid for security deposits. For landlords that require a security deposit, the amount paid must be indicated and the tenant’s rights for said security deposit. The landlord is required to provide the tenant with a legible copy of the lease agreement.
There are also terms that are illegal to include in a lease. A tenant is not required to pay:
- For ordinary wear and tear to the premise
- For repairs to parts of the building beyond the tenant’s apartment/space
- A late fee if rent is paid even one day late (however, a landlord can charge a fee if rent is more than 30 days late)
Despite an annual or tenant-at-will lease, there are tenant rights and landlord rights in Massachusetts. For example, a tenant has a right to occupy the unit and the landlord must arrange with the tenant in advance to enter the apartment for any repairs or inspections. It is the landlord’s responsibility to maintain a safe and clean dwelling that is in compliance with the Massachusetts Sanitary Code. This code was designed to protect health and well-being.
If you feel that your tenant or landlord rights have been violated, contact Carter DeYoung to speak with an experienced tenant rights lawyer today.
When a tenant breaks a lease by leaving the rental property before the term expires, it can wind up costing the landlord a lot of money while they fix up the apartment and find a new tenant. The lease agreement is designed to protect both parties, and the landlord maintains the right to collect the money owed to them.
If you need to sue your former tenant for the money you deserve contact one of our skilled landlord tenant attorneys.
Eviction is the legal process by which a landlord of a property may terminate a tenant’s lease, removing their right to remain in the rental unit or on the property. There are a number of issues which could bring about the need for eviction, most commonly the tenant’s violation of provisions within the lease agreement such as: excessive late rental payments, failure to pay rent, illegal activities on the premises. Due to the sensitive nature of tenant eviction, this process can be complicated. Speak with one of our experienced eviction attorneys to learn what your rights are as a landlord in Massachusetts and how best to move forward with the eviction process.
Since 1983 Carter DeYoung Attorneys at Law have represented and protected the rights of landlords and tenants on Cape Cod, Martha’s Vineyard, Nantucket and throughout Massachusetts. Please contact us to speak with our team of skilled landlord tenant dispute attorneys.