O’Donohue Law specializes in real estate closings, estate planning, and business law. Our clients are located throughout Massachusetts and New Hampshire. John K. “Jack” O’Donohue is a Massachusetts Real Estate Attorney specializing in transactional real estate law. He assists clients with all legal matters associated with acquiring, selling, or securing interests in real property. Clients range from large financial institutions, local banks, small businesses, trusts, and individuals. Jack received his B.S. in Economics from Trinity College (CT) and was awarded his J.D. from the Massachusetts School of Law at Andover. He is admitted to practice in the Commonwealth of Massachusetts and before the United States District Court for the District of Massachusetts. He is a 2013 Recipient of the Merrimack Valley business magazine’s “40 Under 40″ Award. Jack lives in Andover with his wife Jennifer and their three boys, Patrick, John and Liam. He is a member of the Board of Commissioners for the Andover Housing Authority; functions as the club administrator for the Rotary Club of Andover; and serves on the Board of Directors for the Essex Art Center in Lawrence, MA.

1. COMMON
MISTAKES:
A Practical Guide for the Massachusetts
Landlord
By: Jack O’Donohue

2. About the Author
John K. “Jack” O’Donohue is a Massachusetts Real Estate Attorney specializing in transactional real estate law. He
assists clients with all legal matters associated with acquiring, selling, or securing interests in real property. Clients
range from large financial institutions, local banks, small businesses, trusts, and individuals.
O’Donohue Law specializes in real estate closings, estate planning, and business law. Our clients are located
throughout Massachusetts and New Hampshire.
Jack received his B.S. in Economics from Trinity College (CT) and was awarded his J.D. from the Massachusetts
School of Law at Andover. He is admitted to practice in the Commonwealth of Massachusetts and before the United
States District Court for the District of Massachusetts. He is a 2013 Recipient of the Merrimack Valley business
magazine’s “40 Under 40″ Award.
Jack lives in Andover with his wife Jennifer and their three boys, Patrick, John and Liam. He is a member of the
Board of Commissioners for the Andover Housing Authority; functions as the club administrator for the Rotary Club
of Andover; and serves on the Board of Directors for the Essex Art Center in Lawrence, MA.

3. Outline
The Condition of the Unit
The Application
Creating the Tenancy
Lead Paint
Security Deposits
Discrimination
Retaliation
The Notice to Quit
Summary Process Eviction
Contested Evictions
Recovering Possession

4. The Condition of the Unit
Review the State Sanitary Code for compliance.
Call the local board of health for a pre-rental
inspection.
Repair bad conditions immediately!
Breaching the Implied Warranty of Habitability
or the tenants right to Quiet Enjoyment entitle
the tenant to damages of three months rent plus
reasonable attorneys fees and court costs.

5. The Application
Do not consider renting to someone without a
completed application.
Check prior Landlord references.
Run credit reports.
Verify employment.
Treat everyone the same!!

6. Creating the Tenancy
Prepare a Lease Agreement. The Lease must
identify:
the parties
the lease term
term rent
responsibility for utilities
amount of security deposit (if any)
amount of last months rent
restrictions on tenant behavior

7. Lead Paint
Provide the tenant with a
Tenant Lead Law
Notification and
Certification
Obtain a Letter of
Compliance from a Lead
Inspector.

8. Security Deposits
The security deposit is the tenants money.
Provide a Statement of Condition
Provide a Receipt.
Keep the money in a S.MA.R.T.™ place.
Separate interest bearing account, located in MA, beyond the Reach of your creditors,
and easily Transferrable.
Return the money (plus interest!) within 30 days. You may deduct for the following:
unpaid rent, unpaid tax increases, and reasonable amount to repair any damage

9. Discrimination
You are obligated to make reasonable accommodations
and reasonable modifications to allow a disabled person
to rent and enjoy a rental unit.
reasonable accommodation: a change in the rules,
policies, practices, procedures, services, or a physical
modification.
reasonable modification: a change to the rental unit
at the tenant’s expense that allows the tenant full
enjoyment of the apartment.

10. Discrimination
You cannot refuse to show or rent an apartment on the
ground that it contains lead paint. You may delay the
start of the tenancy (by up to 30 days).
You may not discriminate against recipients of federal,
state, or local public assistance.
You may not discriminate on the basis of race, color,
national origin, ancestry, sex, sexual orientation, age,
marital status, religion, etc.

11. Retaliation
This is a complicated law. The wrong
communication may cost you thousands of
dollars.
Mostly, this claim arises when a tenant calls the
board of health for an inspection.
Stay calm, and consult with a Massachusetts
Landlord-Tenant Attorney.

12. The Notice to Quit
Before starting a Summary Process eviction, the
lease must have expired or the tenancy must be
over.
The notice period depends on the tenancy,
reason, and language of the lease (fault, no-fault,
non-payment).
The notice period starts when the tenant receives
the notice. In court, the landlord will have to
prove this date.

13. The Notice to Quit
For tenants without leases, a rental period notice
to quit does not expire after thirty days. The
notice expires on a date the rent is due.
The notice to quit and the summary process
complaint must allege identical reasons for
terminating the tenancy.

14. Summary Process Evictions
Housing Court vs. District Court factors:
cost ($140 vs. $200)
convenience
potential delay
court personnel
appeals (straight to Appeals Court from Housing Court
vs. appellate division of the District Court)

15. Summary Process Evictions
If you conduct business as a corporation, limited
partnership, or trust, and the complaint is not signed by
an attorney, it is subject to dismissal.
The tenant must be served with the summons and
complaint at least seven days prior to the entry date.
Before the entry date, the landlord must file the original
summons, a copy of the notice to quit, and the entry fee.

16. Summary Process Evictions
The tenant must answer the complaint before
the next Monday.
The Trial is held the following Thursday* (*date
varies for Housing Court)

17. Contested Evictions
The Answer Form
Discovery (postpones eviction trial date two
weeks)
If the tenant contests the eviction, you would be
wise to consult with a Massachusetts Landlord-
Tenant Attorney.

18. Recovering Possession
The tenant did not show up in court. Its been
ten days. You have the execution. Now what?
No Self-Help! What does that mean?
If you unlawfully remove or lock-out a tenant,
be prepared to pay thousands of dollars in
damages.

19. Thank you for reading...
COMMON MISTAKES: A Practical Guide for the
Massachusetts Landlord
By: Jack O’Donohue
jack@odlawllc.com
(978) 475-4896