The Constables Office

The Constables Office

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The Constables Office is a full time, full service legal support office .

20 Essential Landlord Tips To Help You Avoid Common Mistakes - AAOA 08/28/2021

Property management is a business. Always remember that!

20 Essential Landlord Tips To Help You Avoid Common Mistakes - AAOA Print FriendlyIf you are a landlord, you are a business person. You run a business renting homes to people. If you treat it as a business, you’ll have a better...

02/24/2020

I am continually amazed by the landlords who do not serve notice on tenants who don't pay their rent. If they don't pay, they don't stay!
Don't wait for foreclosure notices to collect what is rightfully you money. Call our office at 617-908-5560 to start the process.

Eight Landlord Tips To Save Money This Year - AAOA 02/22/2020

A few good tips for landlords

Eight Landlord Tips To Save Money This Year - AAOA No matter what your goals are in 2020 personally or as an independent landlord, a few DIY tips and hacks can help your rental properties and business save money this year. You should always look for ways to maximize your profitability, and to get the best ROI on your property investment, you need to...

When Should a Landlord Hire a Lawyer? - AAOA 02/08/2020

When Should a Landlord Hire a Lawyer? - AAOA If, like many landlords, you own or manage only a few rental properties, you are unlikely to have a lawyer on staff or even “on retainer” (where you pay a lawyer in advance to handle routine questions and issues). Fortunately, you shouldn’t need to constantly consult a lawyer or even keep one ...

Tenant Rights to Smoke Ci******es or Ma*****na in Rental Units - AAOA 11/20/2019

Keep in mind that you need a clear and concise policy in effect regarding any and all smoking materials.

Tenant Rights to Smoke Ci******es or Ma*****na in Rental Units - AAOA   There Is No Absolute Right to Smoke Tenants don’t have a universal right to smoke in their rentals. There is no law, either state or federal, that provides people with the freedom to smoke when and where they want. Nor are bans on smoking discriminatory: State and federal laws prohibit discrimi...

08/07/2017

I am continually amazed by the landlords who do not serve notice on tenants who don't pay their rent. If they don't pay, they don't stay!
Don't wait for foreclosure notices to collect what is rightfully you money. Call our office at 617-908-5560 to start the process.

Top 50 Landlord Tips for First Time Investors - AccidentalRental.com 03/25/2017

Top 50 Landlord Tips for First Time Investors - AccidentalRental.com Being a new landlord can be overwhelming. Here are my top 50 landlord tips to help get you started.

Looking for the Perfect Tenant? Seek out These 6 Traits! - AAOA 09/20/2016

Looking for the Perfect Tenant? Seek out These 6 Traits! - AAOA Your most important decision that will determine the success or failure of your rental is the person you put in the property. A bad tenant can potentially cause years of stress, headache and financial loss, while a great one can provide years of security, peace and prosperity. So, don’t underestimat...

What does it mean to be an agent under a durable power of attorney in Massachusetts? 09/20/2016

What does it mean to be an agent under a durable power of attorney in Massachusetts? Your role as attorney in fact or agent under a durable power of attorney in Massachusetts is explained.

New Guidance Warns Landlords They Could Face Discrimination Charges For Turning Down Tenants... 04/08/2016

New Guidance Warns Landlords They Could Face Discrimination Charges For Turning Down Tenants... (CNSNews.com) – The U.S. Department of Housing and Urban Development is warning landlords they could face discrimination charges for turning down prospective tenants with criminal records – if the decision has an “unjustified discriminatory effect.” A Republican senator described new HUD guidance is…

04/06/2016

Determine if the tenant will be a good fit for your property.

linkedin.com When interviewing prospective tenants, there are some questions you should ask to help determine if the tenant will be a good fit for your property. These qualifying questions can be asked over the

A New Way for Pros to Get Noticed - Thumbtack Journal 01/25/2016

A New Way for Pros to Get Noticed - Thumbtack Journal Exciting news: Today, we released a new set of badges for our professionals to showcase their accomplishments, like amazing customer reviews, how many year

How Can I Evict a Problem Tenant? 12/29/2015

How Can I Evict a Problem Tenant? How Can I Evict a Problem Tenant?

20 ways to become a successful landlord - AAOA 09/30/2015

20 ways to become a successful landlord - AAOA Passive income. Flexible work schedules. Sunny beaches and fruity margaritas. Living the dream! Well, not exactly. The Life of a Landlord Being a successful landlord is one of the most risky and demanding jobs out there. Marketing, screening, lease renewal strategies, maintenance, accounting, Fair H…

09/16/2015

Landlord Sued for Wrongful Death After Assailant Shoots Four Guests At House Party, Killing One

A landlord’s worst nightmare is someone getting hurt, or worse, shot and killed on their rental property, and then getting sued for wrongful death. This was the situation facing a property owner in Dorchester in the recent case of Belizaire v. Furr, (Appeals Court 13-P-1908 Sept. 11, 2015). Fortunately for the landlord, the Court ultimately concluded that she was not legally responsible for the shooting because there was no reason to predict it would happen. Had the facts been different in this case, the landlord would not have been so luck to escape liability. After discussing this important case, I’ll talk about some ways that landlords can manage their risk.

Shooting at House Party, 5-7 Edson Street, Dorchester

The landlord owned a two-family in Dorchester which she rented out to several individuals. The landlord was fairly lax with written lease agreements, with some of the tenants having leases, but others not. On the night in question, the landlord’s son and one of the occupants (who were friends) hosted a party with a DJ, alcohol and dancing. Carl Belizaire attended the party as a guest. Late at night, an unknown assailant shot up the room, killing Belizaire and injuring three other guest. The assailant was never found or charged. There was no prior history of violence at the property.

Landlord Sued For Wrongful Death

Belizaire’s estate sued the landlord for wrongful death, alleging that she failed to keep the property safe. The Court first analyzed whether there was a tenancy or lease in place, because that would minimize the landlord’s liability and control over injuries occurring on rental property. The landlord’s failure to secure leases with the tenants at the property, particularly the tenant who threw the party, resulted in the court concluding that there was insufficient evidence to rule that there was a valid tenancy in place to shield the landlord from liability.

The Court, however, ultimately ruled that the landlord was not liable for the shooting because there was no evidence of prior shootings or similar violent incidents on the property. Although there was evidence of prior drug activity at the property, the court found this insufficient to support a finding of liability. There was no evidence of other large parties with uninvited guests similar to the one in question taking place on the property. Nor was there any evidence that the landlord was affiliated in any way with, or knowledgeable about, the assailant or any dispute that the assailant may have had with the victim. The evidence submitted suggests that the victim’s death was tied to events beyond the party at the rental property. As a general rule, a landowner does not owe a duty to take affirmative steps to protect against dangerous or unlawful acts of third persons. In certain exceptional circumstances, landlords may be liable for ignoring criminal activities that occur on their premises and were known or should have been known to them. That was not the case here.

Managing The Risks Of Property Ownership: Use Strong Leases and Set Up LLC’s to Hold Title

Many of my landlord clients often worry about liability issues at their rental property. They often ask me whether they can get sued over someone getting hurt on their rental property and what they can do to minimize their risk.

The landlord in this case made some catastrophic mistakes which, had the facts been different, could have resulted in a multi-million dollar liability. The first mistake she made was not securing written leases for all tenants and occupants at the rental property. The form lease that I have drafted contains a unique indemnification clause which would have help shield the landlord for liability for injuries caused by the tenants. The second major mistake made by the landlord was holding title to the rental property in her individual name, thereby exposing her personal assets to a lien or judgment. Although not always appropriate for every landlord, it’s a prudent idea to hold rental property in a limited liability company which would shield the landlord’s personal assets from liability. There is expense to set up the LLC and there is a $500 annual fee, but in my opinion, it’s well worth it relative to the risk of getting sued for wrongful death.

Authored by Rich Vetstein, Esq.

The Massachusetts Notice To Quit: Terminating a Residential Tenancy or Lease | Massachusetts... 09/05/2015

The Massachusetts Notice To Quit: Terminating a Residential Tenancy or Lease | Massachusetts... The first step in evicting any Massachusetts tenant is issuing a "notice to quit" which is a legal document formally notifying the tenant that his tenancy is

Legal Aspects of the Tenant Screening Process: Who Can You Refuse to Lease To - AAOA 07/14/2015

Legal Aspects of the Tenant Screening Process: Who Can You Refuse to Lease To - AAOA One of the greatest challenges of any landlord is finding tenants who will adhere to the conditions of the lease and pay their rent on time. To avoid housing discrimination complaints, it is crucial to abide by federal and state fair housing laws during the tenant screening process. The following gu…

The DO's And DONT's Of A Successful Tenant Screening Process - AAOA 06/12/2015

The DO's And DONT's Of A Successful Tenant Screening Process - AAOA If you handle apartment management, you realize the importance of choosing a good tenant. The goal list is probably someone who pays their rent on time, doesn’t participate in negative domestic issues. and who respects your property. So, how can you be certain you will find tenants who meet this cri…

5 Valid Reasons To Evict Tenants - AAOA 05/02/2015

5 Valid Reasons To Evict Tenants - AAOA You Are Outta Here! Part of being a successful landlord is understanding the value of a tenant who pays on time, gets along with the neighbors, abides the law, and respects the property. If only all renters fit that criteria! Sooner or later, every landlord ends up with a renter that for one reason…

7 Things to Remember Before Renting Out a Room - US News 04/17/2015

Important things to consider before renting out a room in your home

7 Things to Remember Before Renting Out a Room - US News You want a tenant under your roof, not a mistake you have to live with.

6 Reasons Nice Guys Make Broke Landlords - AAOA 04/14/2015

Landlording is a business. Treat it as one or go broke.

6 Reasons Nice Guys Make Broke Landlords - AAOA Successful property management takes more work than simply buying a house or condo and sticking a “For Rent” sign in the front. Being a landlord takes many skills, from handyman, to ambassador, to collection agent. Unfortunately, would-be landlords often make mistakes that cost them big time in both…

Tenant Screening 101: More Than Just an Application and Credit Report - AAOA 04/12/2015

Being a landlord is a business!

Tenant Screening 101: More Than Just an Application and Credit Report - AAOA Even if you have a detailed application your prospective tenants have to fill out, there’s going to be a lot you don’t know about them. That’s why you also want to run a credit report. That can help you make a decision, but you still won’t have the whole picture. While credit reports are generally..…

12 Signs Your Tenant Has a Hoarding Disorder - AAOA 04/08/2015

Landlords need to read this.

12 Signs Your Tenant Has a Hoarding Disorder - AAOA The Mayo Clinic defines hoarding as “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” Hoarders rarely see their hoarding as a problem, even when the situation becomes dire. There are 12 primary symptoms or signs that describes hoarding. 1. U…

8 Tips for New Landlords : For Rent by Owner - AAOA 03/17/2015

Good basic advise!

8 Tips for New Landlords : For Rent by Owner - AAOA Landlording is a tough business, but it can be a moneymaking one, too. If you’re considering renting a home, you can hire a Realtor or property manager to find your tenants–for a fee. The other option is to offer your house for rent by owner. Legal Compliance Learn about your state’s, county’s and m…

Steps to selecting the right tenant - AAOA 02/27/2015

Steps to selecting the right tenant - AAOA As a landlord, you must pay attention to several phases in the landlord-tenant relationship. Tenant selection and lease preparation are key, and this article focuses on that aspect. Screening and lease drafting help avoid trouble down the road. Once a tenants get in, it can be difficult to get them…

02/24/2015

Steps to selecting the right tenant - AAOA

american-apartment-owners-association.org As a landlord, you must pay attention to several phases in the landlord-tenant relationship. Tenant selection and lease preparation are key, and this article focuses on that aspect. Screening and lease drafting help avoid trouble down the road. Once a tenants get in, it can be difficult to get them…

6 Easy Ways Landlords End Up Losing Good Tenants - AAOA 01/20/2015

6 Easy Ways Landlords End Up Losing Good Tenants - AAOA So you are sitting back, relaxing, because your rentals are all full of high quality tenants who pay their bills on time. Life is good, right? Not so fast. When you are fortunate enough to land top notch renters, you must be diligent in keeping them feeling safe and happy on your property. Landlords…

How to Reduce Your Risk with a Questionable Tenant - AAOA 01/16/2015

How to Reduce Your Risk with a Questionable Tenant - AAOA There’s always a chance that one of your best tenants will be someone who doesn’t have much of a rental history, someone who may have a clean criminal history, who may have a decent job, but who lack any rental history to investigate. Maybe they just got out of a long term relationship and have...

$1.85 Million Verdict Upheld Against Demoulas In-Law In Back Bay Condo Grab 01/11/2015

$1.85 Million Verdict Upheld Against Demoulas In-Law In Back Bay Condo Grab One of Largest Verdicts In A Condominium Dispute In a David vs. Goliath case pitting a Demoulas family heir against an elderly Brandeis professor over a tony Back Bay townhouse, the Appeals Court h...

6 Mistakes That Make Good Landlords End Up With Bad Tenants - AAOA 01/06/2015

6 Mistakes That Make Good Landlords End Up With Bad Tenants - AAOA Bad tenants are bad news! Renting to a person who refuses to pay their rent can cost a landlord thousands of dollars. A destructive tenant may end up damaging your property and racking up huge repair bills. Other nightmare renters can fight eviction, and the worst case is a renter who harms other…

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