Massachusetts Superior Court Criminal Practice Manual
Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.
- Product Number: 2222480WFM
- Publication Date: 11/2/2021
- Edition: 2nd Edition 2014, with 2019 & 2021 Supplements
- Copyright: © 2021 MCLE, Inc.
-
Add to Favorites List
Your Selection:
-
Product Description
Product Description
Landlord and tenant law in Massachusetts comprises a myriad of statutes, regulations, and common law provisions. This book guides you through each stage of the landlord-tenant relationship, from the creation of a tenancy to its termination and posttermination issues, providing sample documents and pleadings for guidance. Featured are judicial and ethics commentary as well as tips for effective practice. The manual is full of the information you need to understand the complexities of real estate lease agreements and to represent both lessors and lessees in residential and commercial relationships.
Recent updates:
-
Update: August 2022
Dear Subscriber:
Thank you for updating your reference library with the 2022 edition of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This edition brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
There have been a number of important developments in the two years that have passed since this publication was last updated. Highlights from the 2022 edition include
- reliance on the Violence Against Women Act as a defense to eviction;
-
a substantially revised discussion of reasonable accommodations in housing, including
- the relative burdens on the tenant to make a reasonable accommodation request and the defendant to show, where applicable, that compliance with the request would impose an "undue burden" or result in a "fundamental alteration" of its program;
- the interaction of reasonable accommodation requests with safety concerns and with participation in housing subsidy programs; and
- the use of personal care attendants or live-in aides for persons with disabilities;
- vicarious liability for discriminatory housing practices;
- the Centers for Disease Control's reduction of the "reference value" used to identify individuals with lead exposure;
- lead poisoning liability under Chapter 93A and general negligence principles;
- a recent Supreme Judicial Court decision finding that an owner renting a house for a weekend had no duty of care to third parties where the renter had sole and exclusive possession of the home;
- discontinuation of the "substantial factor" test and adoption of the traditional "but for" standard for determining causation in most tort cases;
- guidance on eviction practices under court protocols adopted in response to the COVID-19 pandemic;
- a statutory amendment providing that minors are not to be named in summary process complaints;
- a finding that the court has equitable authority to require that tenants make interim use and occupancy payments during a summary process eviction trial;
- recent Housing Court cases on standing;
- numerous recent cases on postforeclosure eviction along with related statutory and judicial developments; and
- an overview of Housing Court changes relating to the COVID-19 pandemic.
With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant matter in Massachusetts. We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
-
Update: August 2022
-
Table of Contents
Table of Contents
expand allChapter 1 expandThe Charging Process
Buy ChapterChapter 2 expandArraignment
Buy ChapterChapter 3 expandEffective Discovery Practice
Buy ChapterChapter 4 expandProduction of Third-Party Records—The Dwyer Protocol
Buy ChapterChapter 5 expandEarly Trial Preparation: An Overview
Buy ChapterChapter 6 expandThe Pretrial Conference, Pretrial Hearing, Final Pretrial Conference, and Pretrial Disposition
Buy ChapterChapter 7 expandSubstantive Motion Practice
Buy ChapterExhibit 7A
- Motion to Suppress Evidence Obtained from WarrantlessSearch Buy FormExhibit 7B
- Affidavit in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy FormExhibit 7C
- Posthearing Memorandum in Support of Motion to Suppress Evidence Obtained from Warrantless Search Buy FormExhibit 7D
- Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy FormExhibit 7E
- Counsel’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy FormExhibit 7F
- Defendant’s Affidavit in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant Buy FormExhibit 7G
- Memorandum in Support of Motion to Suppress Evidence Obtained with Invalid Search Warrant (No Probable Cause) Buy FormExhibit 7H
- Memorandum in Support of Motion to Suppress Evidence (Search Warrant Based on Informant Information) Buy FormExhibit 7I
- Memorandum in Support of Motion to Suppress Evidence (Search Beyond the Scope of the Warrant) Buy FormExhibit 7J
- Motion to Suppress: Franks Hearing Buy FormExhibit 7K
- Affidavit in Support of Motion to Suppress: Franks Hearing Buy FormExhibit 7L
- Memorandum in Support of Motion to Suppress: Franks Hearing Buy FormExhibit 7M
- Motion to Suppress Evidence: Amral Hearing Buy FormExhibit 7N
- Affidavit in Support of Motion to Suppress Evidence: Amral Hearing Buy FormExhibit 7O
- Motion to Suppress Statements Buy FormExhibit 7P
- Affidavit in Support of Motion to Suppress Statements Buy FormExhibit 7Q
- Counsel’s Affidavit in Support of Motion to Suppress Statements Buy FormExhibit 7R
- Memorandum in Support of Motion to Suppress Statements Buy FormExhibit 7S
- Defendant’s Motion to Suppress Identification Buy FormExhibit 7T
- Affidavit in Support of Defendant’s Motion to Suppress Identification Buy FormExhibit 7U
- Memorandum in Support of Defendant’s Motion to Suppress Identification Buy FormExhibit 7V
- Defendant’s Motion to Sever Buy FormExhibit 7W
- Defendant’s Motion to Dismiss in the Interests of Justice Buy FormChapter 8 expandRecurring Pretrial Issues
Buy ChapterChapter 9 expandInterlocutory Appeals
Buy ChapterChapter 10 expandThe Media, the Open Courtroom and High Profile Cases
Buy ChapterChapter 11 expandEmpaneling the Jury
Buy ChapterChapter 12 expandChapter 13 expandThe Commonwealth’s Case
Buy ChapterChapter 14 expandThe Defendant’s Case
Buy ChapterChapter 15 expandEvidentiary Issues
Buy ChapterChapter 16 expandForensic Evidence and Expert Witnesses
Buy ChapterChapter 17 expandSpecific Issues with Respect to Children
Buy ChapterChapter 18 expandSpecial Trial Issues
Buy ChapterChapter 19 expandThe Closing Argument
Buy ChapterChapter 20 expandEvents at the End of Trial
Buy ChapterChapter 21 expandThe Verdict
Buy ChapterChapter 22 expandSentencing and Alternative Dispositions
Buy ChapterExhibit 22A
- Sentencing Guidelines Grid Buy FormChapter 23 expandPosttrial Events
Buy Chapter - Editors & Authors