Tag Archives: Housing Court

Guide to the Law in Massachusetts

Hello, legal eagles and curious minds alike! Welcome to a comprehensive, in-depth guide to the fascinating world of Massachusetts law. As a practicing lawyer in the heart of the ‘Bay State,’ I’m excited to guide you through the twists and turns of our legal landscape. Get ready to unlock the intricacies of this historic state’s law – right from its foundation to recent landmark cases.

When we dive into the depths of Massachusetts law, we’re immersing ourselves in a rich blend of traditional common law, inherited from our British legal ancestors, and a host of state-specific laws, honed and tailored over centuries. This all begins with the Massachusetts Constitution, the cornerstone of our legal system. A point of pride for us is that our constitution is the oldest functioning written constitution in the world, going strong since 1780. Read about its history here.

In the bustling legal hub of Massachusetts, our state laws often chart their own course, distinct from Federal law. We’ve formulated our unique set of civil rights laws, consumer protection regulations, and distinctive criminal statutes. More often than not, these laws offer broader protections and specify more detailed stipulations than Federal law. For instance, let’s consider Chapter 93A – our very own Massachusetts Consumer Protection Act. This law serves as a sentinel against unfair and deceptive business practices, often going above and beyond federal laws in its protective reach. Take a look at this landmark case, as an example.

The Judiciary – The Guardian of Massachusetts Law

At the heart of our legal framework is a robust, efficient, and multi-tiered judiciary. This system serves as the engine, driving justice throughout the state. It consists of a range of courts, each with its unique function and jurisdiction.

The Supreme Judicial Court (SJC)

Sitting at the pinnacle of our judiciary is the Supreme Judicial Court. As the highest appellate court, it mainly deals with decisions regarding questions of law that originate from lower courts. The SJC plays a pivotal role in interpreting the state constitution and passing judgments that often shape the legal precedents of the state. Here’s an example of a case they’ve ruled on recently.

The Massachusetts Appeals Court

One step down, we have the Massachusetts Appeals Court. This court primarily handles appeals from the Trial Court departments. However, it’s not the end of the road – decisions from this court can be further reviewed by the SJC. 

Trial Courts

Our legal system’s backbone comprises the lower courts or Trial Courts, which include the Superior Court, District Court, and various other specialized courts. Each has its distinct functions and jurisdictions.

  • Superior Court: As the court of general jurisdiction, Superior Court hears both civil and criminal cases. It covers serious criminal matters, civil actions over $25,000, and cases involving equity matters.
  • District Court: This court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. Civil cases are typically valued under $25,000, but this court also handles small claims cases up to $7,000.
  • Specialized Courts: These include various courts like the Land Court, Housing Court, Probate and Family Court, and Juvenile Court, each dealing with specific types of cases.

By understanding the function of each court, we can appreciate how they work together to uphold justice and interpret the laws in Massachusetts.

This was just a brief introduction to the multifaceted world of Massachusetts law. Remember, knowledge of the law is the first step towards responsible citizenship. Stay tuned as we delve deeper into different aspects of our legal system in future posts. I promise you; it’s going to be a fascinating journey!

Past Due on Rent

Now that COVID-19 is Over, What are My Options if I’m Past Due on Rent in Massachusetts?

As we move beyond the COVID-19 pandemic, many Massachusetts residents are wondering about their overdue rent options. If you’re one of them, let’s explore your options.

Dialogue with Your Landlord

One of the overdue rent options in Massachusetts is to initiate a conversation with your landlord. Negotiate a manageable payment plan. Many landlords understand the financial difficulties caused by the pandemic.

When discussing late rent with your landlord, follow these steps:

  1. Schedule a meeting or contact your landlord to address the issue promptly.
  2. Be honest and upfront about your situation, explaining the reasons for the delay.
  3. Take responsibility for the late payment and apologize for any inconvenience caused.
  4. Offer a plan to catch up on the overdue rent, proposing a reasonable timeline or installment options.
  5. Be prepared to provide documentation or evidence supporting your circumstances, if applicable.
  6. Show your willingness to maintain open communication and keep your landlord informed of any changes.
  7. Express your commitment to fulfilling your rental obligations moving forward.
  8. Discuss any potential late fees or penalties and negotiate a resolution, if necessary.
  9. Be receptive to your landlord’s perspective and be open to finding a mutually agreeable solution.
  10. Once an agreement is reached, ensure that you adhere to the agreed-upon payment plan and fulfill your responsibilities promptly.

Remember, maintaining open and respectful communication with your landlord is crucial to resolving any issues regarding late rent.

Mediation Services

If you can’t reach an agreement, consider mediation. This process involves a neutral third party helping to broker a resolution.

At Reeves Lavallee PC, we offer professional mediation services, providing a viable overdue rent option in Massachusetts.

Seek Rental Assistance

Another one of the overdue rent options in Massachusetts is to apply for rental assistance. The Massachusetts Rental Voucher Program (MRVP) and the Residential Assistance for Families in Transition (RAFT) program can offer help.

Visit the Massachusetts Department of Housing and Community Development website for more information.

Free legal advice is available for those who can’t afford a lawyer through legal aid societies.

The Massachusetts Legal Assistance Corporation is a resource for help with eviction cases and other housing problems.

Preparing for Court

In case you receive an eviction notice, it’s essential to stay calm. Remember, eviction is a legal process, and you have rights throughout this process.

Understand the Eviction Process

Start by familiarizing yourself with Massachusetts eviction laws. Understanding the process can help you protect your rights and take appropriate action.

Massachusetts Eviction Laws

  • Massachusetts eviction laws provide guidelines for landlords to legally remove tenants from rental properties.
  • Landlords must provide written notice to tenants before initiating the eviction process.
  • Tenants have the right to respond to eviction notices within a specific time frame.
  • If a tenant fails to respond or resolve the issue, landlords can file a lawsuit.
  • The court may issue a summons for a hearing to determine the validity of the eviction.
  • If the court rules in favor of the landlord, an execution can be obtained to remove the tenant.
  • In certain cases, such as nonpayment of rent, landlords can proceed with expedited evictions.
  • Massachusetts law prohibits “self-help” evictions or removals without following legal procedures.
  • Landlords must follow specific procedures for evicting tenants who receive housing subsidies.
  • It’s crucial for both landlords and tenants to understand and comply with Massachusetts eviction laws.

Retain Legal Counsel

Even if you’re going to court, it’s not over. Seek legal counsel if possible. At Reeves Lavallee PC, our expert attorneys can guide you through the eviction process, ensuring your rights are upheld.

The Right to a Fair Trial

You have the right to a fair trial. This means you can present your case, including any evidence of your attempts to pay rent or address the problem.

Housing Court

Consider transferring your case to a Housing Court if your case is filed in a District or Boston Municipal Court. Massachusetts’ Housing Courts have more experience with landlord-tenant issues.

Negotiate a Settlement or Payment Plan in Court

In court, you can still negotiate a settlement or payment plan. Massachusetts courts often encourage this, as it can be a win-win for both parties.

In these challenging times, remember, you’re not alone. At Reeves Lavallee PC, we stand ready to guide you through your rent-related concerns. Our dedicated team of experienced attorneys will fight for your rights and strive to find the best possible solution for your unique situation. Don’t let overdue rent cause undue stress. Act now, and let us help you navigate this complex issue. Reach out today for a consultation and take the first step towards regaining your peace of mind.

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Worcester Judges

As Judge Gregory Roach retires, I find myself contemplating his successful career in Worcester. Here are some of my reflections:

Though I’ve never held a judgeship, I can imagine that the job is incredibly challenging. Judges must dissect mountains of testimonies and discern the core facts of the case. As attorneys, we bear the responsibility of persuading the judge that our version of the story is accurate, hoping for a decision in our client’s favor.

Frustration arises when a judge lacks understanding of the law, or the requisite level of proof, or fails to recognize the shift in the burden of proof to the other party. In such situations, we, as attorneys, must step up to educate the court. Judge Roach consistently demonstrated his knowledge of the law, something I appreciated every time I appeared in his court.

In my eyes, an ideal judge possesses a deep understanding of the law, stays updated with all relevant case law, and aptly applies the law without any additional effort on my part. I should concentrate on facts and how they align with the law, thereby justifying why the court should rule in my client’s favor.

It benefits greatly when a judge actively listens to the facts, and when fitting, provides feedback on potential rulings based on the presented facts. This feedback is particularly beneficial in Family and Probate Court and Housing Court cases. Sometimes, a nudge from the judge is all it takes for parties to settle a matter.

Ultimately, a judge must stay neutral throughout proceedings. Favoritism should never influence their decisions. Relying on the case facts and law is crucial as each verdict impacts individuals and families significantly.