Owning or managing rental housing involves fast decisions, strict deadlines, and legal rules that can shift quickly. Casey, Burns & Jean-Felix, PLLC, represents housing authorities, property owners, developers, and private landlords only. We do not accept tenant-side matters. Our team provides practical legal guidance on lease enforcement, development issues, and regulatory compliance across Massachusetts and New Hampshire.
Built on the century-long legacy of Casey Lundregan Burns, P.C., our firm continues a tradition of integrity, service, and results-driven advocacy. We work closely with clients to protect their properties, support their operations, and address challenges in a way that advances long-term business and program goals.
Key Legal Considerations for Landlords and Housing Authorities
Solid groundwork starts with strong documents and consistent procedures. The sections below outline common pressure points where good planning, quick action, and careful records help you stay on a firm footing.
Lease Agreement Drafting and Program Enforcement
Clear leases reduce disputes and keep your rights intact. We draft and review agreements that track Massachusetts and New Hampshire rules, HUD guidance for public housing, and local program requirements, all written in plain terms your team can follow.
For housing authorities, we assist with program enforcement, grievance steps, and administrative advocacy. We also build policy handbooks that align with federal and state regulations, then train staff on day-to-day application.
Strong leases and policies share a few traits that keep properties safe and revenue steady:
- Defined rent, fees, and due dates, with late fee terms that comply with state law.
- Maintenance access rules, emergency entry, and tenant duties to report conditions.
- Guest limits, unauthorized occupant language, and cause-based termination standards.
- Reasonable accommodation process, VAWA protections where required, and notice procedures.
We can align your lease suite and policy set so staff members know what to do and when to do it, without guesswork.
Eviction Procedures and Summary Process
Massachusetts uses the Summary Process framework for possession cases. Strict timelines apply, starting with a proper notice to quit, followed by filing, service, court hearing, and, if granted, execution for possession. Cutting corners invites delays and counterclaims.
The table below offers a general view of common Summary Process milestones in Massachusetts. Actual timing varies by court calendars and case type.
| Step | What It Means | Typical Timing |
| Notice to Quit | Written notice ending the tenancy for nonpayment or cause | Often 14 days for nonpayment, or longer, based on the lease and grounds |
| Filing & Service | Summary Process Complaint filed and served on the tenant | Service typically lasts at least 7 days before the entry date |
| First Appearance | Court date, mediation, or case management event | Usually, within several weeks of filing |
| Trial or Agreement | Judgment after trial or stipulation with payment and move-out terms | Same day as appearance in many cases, or on a later trial date |
| Execution for Possession | Issuance of the execution, then constable enforcement | After the judgment period and any stay expires |
We map out each step, prepare the filings, and coordinate with constables. Our team helps you avoid claims of unlawful lock-out or self-help, which can become costly fast.
Landlord-Tenant Law and Fiduciary Evictions
We manage fiduciary evictions for estates, trusts, and guardianships, and we handle general landlord-tenant disputes in both residential and commercial settings. Our team drafts leases, addenda, and house rules that are strong, readable, and enforceable. When issues arise, we bring claims in housing and district courts with a focus on prompt, fair outcomes.
Private landlords count on us for rent nonpayment actions, use and occupancy motions, and claims for damage or unauthorized occupants. We also advise on security deposit handling and habitability defense responses. Good records and tight notices often set the tone for better results.
Security Deposit Compliance
Massachusetts security deposit law, M.G.L. c. 186, 15B, has strict rules. Violations risk treble damages and attorney fees. We build procedures that keep your team in bounds from day one.
Core steps include the following items, applied exactly as the statute requires:
- Place funds in a separate Massachusetts escrow account and provide the required receipt.
- Give a Statement of Condition within the statutory window and track any tenant response.
- Pay interest annually or at move-out, as allowed by law.
- Return the balance within 30 days of move-out with itemized deductions and receipts, if any.
If you already hold deposits, we audit records, fix gaps where possible, and update forms to prevent repeat issues.
Fair Housing and Anti-Discrimination Laws
Landlords must comply with the federal Fair Housing Act and state laws such as Massachusetts Chapter 151B and New Hampshire RSA 354-A. Protected classes include race, color, religion, national origin, sex, disability, and familial status, along with state-specific categories.
We help create lawful screening criteria, consistent application, and clear adverse action notices. Our attorneys also advise on reasonable accommodations and modifications, including service and assistance animal requests with proper documentation rules.
How Casey, Burns & Jean-Felix, PLLC Assists Property Owners
We work with housing authorities, developers, and private owners to close gaps before they become disputes. When litigation is needed, we move quickly to protect your rights and income stream.
Initial Consultation and Policy Guidance
Our team starts by learning about your properties, residents, and current procedures. We review leases, house rules, and notices, then flag areas that need updates under state or federal law.
You receive practical steps for immediate use and a longer plan for training and compliance. We also provide templates and checklists that fit your property mix and staffing levels.
Litigation and Administrative Advocacy
We represent landlords in fiduciary evictions, breach of lease cases, and rent collection actions. When disputes involve program rules, we prepare the record and present your position at hearings.
From mediation to trial, we handle the filings, witness prep, and evidence. You get clear communication on options, risks, and timelines, so decisions come with full context.
Proactive Risk Management and Development Support
For developers and public agencies, we assist with regulated property issues, project documents, and compliance planning. Our lawyers also coordinate with consultants on zoning, permitting, and title questions.
We stay focused on long-term operations. That includes training your team on updated rules, fair housing practices, and repeatable processes that help prevent disputes.
Common Challenges in Property Management
Even well-run properties face tough situations. The right records and consistent steps can turn hard cases into manageable ones.
Handling Problematic Tenancies
Start by documenting issues with dates, photos, and witness notes. Track missed payments, lease violations, and warnings in a central file.
Use clear, lawful steps to address recurring problems like unauthorized occupants or illegal acts:
- Send written notices that match the lease and state law, then keep proof of service.
- Require written plans for repayment or compliance, with firm deadlines.
- Call the police when conduct threatens safety, and request incident reports for your file.
- If behavior continues, move to termination and filing without delay.
We can review your file before action is taken, then file the case with a full, clean record.
Maintaining Regulatory Compliance
Stay current with housing codes, habitability standards, and lead paint rules that apply to your units. Massachusetts and New Hampshire each set repair and notice timelines that need tracking.
Keep organized, written records across the board:
- Log all repair requests, response dates, and vendor invoices.
- Archive copies of notices, inspection results, accommodation reviews, and rent ledgers.
- Schedule annual policy and form updates tied to statute or rule changes.
Good records protect you in court and help resolve complaints before they grow.
Frequently Asked Questions from Landlords
Here are quick answers to issues owners ask us about most often. We are happy to discuss your exact situation and next steps.
How long does a commercial or residential eviction take in Massachusetts?
Timing varies with the grounds, court schedules, and whether the tenant contests the case. Payment plans or extensions can also affect the path to judgment and possession.
Working with experienced counsel helps avoid missed steps and filing errors that cause delays and lost rent. We keep your case moving with proper notices, proof, and filings.
What are my obligations regarding property repairs?
Landlords must provide safe, clean, and structurally sound homes that meet habitability standards. Prompt action on heat, hot water, and life-safety issues is expected under state and local codes.
Track the first report date, dispatch vendors quickly, and confirm completion in writing. Solid records reduce rent withholding disputes and cut the risk of counterclaims.
Do you represent tenants in disputes against landlords?
No. Casey, Burns & Jean-Felix, PLLC represents housing authorities, property owners, developers, and private landlords only, and we do not accept calls from tenants.
This focused approach lets us stay aligned with management and ownership goals at every step. If you own or manage rental housing, our team is ready to help.
Get Clear, Prompt Guidance on Landlord-Tenant Matters
Landlord issues can escalate quickly when leases, evictions, compliance questions, or tenant disputes are not handled early and correctly. Casey, Burns & Jean-Felix, PLLC provides practical guidance to landlords across Massachusetts and New Hampshire with a focus on clear answers, responsive service, and strategies that protect your property and business goals.
If you need help with a lease, eviction, or housing program issue, call 978-878-3519 or visit our Contact Us page to request a consultation. We welcome your questions and are ready to step in where you need support most.