Landlord-Tenant

Owning or managing rental property in Massachusetts means working under one of the most tenant-protective legal frameworks in the country. A defective notice to quit, a mishandled security deposit, or a misstep on a reasonable accommodation request can delay an eviction for months or turn a routine dispute into a claim against the owner. Marcus, Errico, Emmer & Brooks, P.C. represents residential and commercial landlords, property managers, and condominium associations with practical guidance before problems arise and prepared, efficient representation in court when they cannot be avoided.

Residential Landlord Representation

We advise owners and managers of residential property, from single units and multifamily buildings to larger communities, on the issues that arise over the life of a tenancy, including:

  • Leases and tenancy at will agreements drafted to comply with Massachusetts law

  • Security deposit and last month’s rent requirements

  • Lead paint disclosure and compliance obligations

  • Rent increases, renewals, and termination notices

  • Repair requests, code enforcement, and Board of Health matters

  • Tenant conduct, nuisance, and lease violation issues

Evictions and Summary Process

We handle summary process actions in the Housing Court, District Court, and Boston Municipal Court throughout the Commonwealth. Our attorneys manage each case from the notice to quit through mediation, trial, and execution, including:

  • Non-payment of rent evictions

  • “For cause” evictions based on lease violations, nuisance, or criminal activity

  • No-fault terminations and holdover tenancies

  • Use and occupancy claims and recovery of unpaid rent

Tenants in Massachusetts frequently respond to an eviction with counterclaims based on property conditions, security deposit handling, or retaliation. We evaluate those risks before a case is filed, so our clients can make informed decisions and avoid surprises in court.

Fair Housing and Reasonable Accommodation

Landlords have obligations under the federal Fair Housing Act and Massachusetts General Laws chapter 151B. We advise housing providers on reasonable accommodation and modification requests, assistance animals, tenant screening, and advertising practices, and we defend landlords and managers in complaints before the Massachusetts Commission Against Discrimination (MCAD) and the U.S. Department of Housing and Urban Development (HUD).

Commercial Landlord-Tenant Law

We represent owners of retail, office, mixed-use, and industrial property in:

  • Drafting and negotiating commercial leases, amendments, and guaranties

  • Lease defaults, notices, and cure periods

  • Collecting unpaid rent and charges from tenants and guarantors

  • Actions to recover possession of commercial premises

Rentals in Condominium Communities

Because community association law is the center of our practice, we understand the issues that arise when units are rented. We counsel boards and managers on leasing restrictions in condominium documents, short-term rental rules, enforcement of rules against tenants, and the coordination of association enforcement with a unit owner’s obligations under a lease.

Litigation and Dispute Resolution

When a dispute cannot be resolved by agreement, our litigators represent landlords in breach of lease, property damage, and collection actions in the Housing, District, and Superior Courts, as well as in mediation and arbitration.

Contact Us