Landlord-Tenant Disputes

  • In October of 2016, obtained an Execution for possession against a particularly stubborn tenant. In August of 2016, obtained a judgment for the landlord for unpaid rent, use and occupancy, and possession.  The tenant then filed a notice of appeal and requested that the bond be waived.  However, the court denied the request and ordered payment of unpaid rent and use and occupancy by September 2nd.  The tenant did not make the ordered payment and instead filed a Chapter 13 bankruptcy petition in an effort to avoid payment and eviction.  The landlord then moved to vacate the Notice of Appeal for noncompliance and requested that an Execution issue for possession only.  Because the judgment for possession entered before the tenant petitioned for bankruptcy protection, the bankruptcy stay was subject to an exception pursuant to 11 USC 362(b)(22), which states that the stay does not apply to matters where the petitioner filed after the judgment for possession entered.  Garabedian v. St. Pierre, Concord District Court, 1647SU000074 (Brendemeuhl, J.)
  • In September of 2016, obtained a judgment for possession only and subsequent Execution in a summary process action against a tenant, who refused to leave her apartment. The Landlord had sold the house and as a condition of the sale, the house had to be completely vacated.  The tenant was in her 60’s and had lived in the apartment for over twenty years.  The Landlord, also in her 60’s, had repeatedly notified the tenant for nearly two years that she was going to sell the two-family house and that the tenant needed to find a new apartment.  Dale v. Torcivia, Somerville District Court, Docket NO. 1610SU000266 (Flynn, J.)
  • In August of 2016, obtained judgment and subsequent Execution from the Housing Court to evict a problem tenant from a mobile home park. The process was subject to Mass. Gen. L. ch. 140, sec. 32J, which sets forth different requirements in order to evict an owner of a mobile home (manufactured housing) leasing space upon which it rests from that of a typical residential tenancy.  Wood v. Beardsley, Housing Court Dept., Northeast Div., Docket No. 16H77SP001481 (Dalton, J.)
  • In April of 2016, represented a landlord of a manufactured housing community from unfounded claims by a tenant of illegal water shut off and breach of quiet enjoyment. The tenant claims were made in retaliation against the landlord after the landlord put the tenant on notice of a violation of park rules.  Successfully convinced the tenant that his claims were made in bad faith and he opted not to pursue a legal action.  Moon v. Wood, Ayer District Court (Cremens, J.)
  • In November of 2015, represented a local commercial landlord in a matter wherein the commercial tenant had stopped paying rent. The landlord was able to convince the tenant business that it would be evicted and its equipment seized if it didn’t pay back rent and/or vacate the premises.  Panda Realty, LLC v. Crawford Street Collison, Fitchburg District Court.
  • In July of 2015, cost-effectively resolved a landlord-tenant dispute by convincing the tenant to voluntarily vacate the residential apartment after service of the Notice to Quit and before service of the Summary Process Summons and Complaint was served. Mastroianni v. Levoy, Housing Court Dept., Northeast Div.
  • In October of 2013, negotiated a settlement on behalf of a residential landlord who brought a summary process action to evict a non-paying residential tenant. The tenant counterclaimed and alleged that she did not pay because the landlord did not maintain the premises and there was mold in the apartment that made her sick.  The tenant failed to clean her own apartment and was the cause of the mold condition.  Stanton v. Kelly, Housing Court Dept., Northeast Div., Docket No. 13H77SP003266.
  • In September of 2010, obtained a Judgment in favor of a California commercial landlord against a Massachusetts resident who had executed a personal guarantee for the rent of the retail premises. Country Club Shopping Center LTD v. DePatto, Essex Superior Court, ESCV2010-01052 (Murtagh, J.).