HOW TO PREVAIL IN THE COURTS DURING THESE PANDEMIC TIMES

Speakers

Howard Goldman, ESQ.

  Eric T. Thulin, Associate

 Presentation to IREM

 Tuesday, November 10, 2020

10:00 a.m. – 12:00 p.m.

 Renting during the Eviction Moratorium: Avoid Traps for the Unwary

1. 1. Conduct financial background
   2. Obtain Guaranty
   3. Is the Tenant employed/furloughed/self-employed?
   4. Can you say no without fear of discrimination?
   5. Is the Tenant an established Company/Start-up/Franchise?

2. What is the Eviction Moratorium?

3. Who Does the Eviction Moratorium Impact?

4. What is the Eviction Moratorium’s Impact on Residential and Commercial Landlords and Tenants?
   1. Essential Eviction v. Non-essential Eviction
   2. What Constitutes an Essential Eviction? Both Residential and Commercial. 
   3. Cause Eviction that involves allegations of criminal activity that may impact the health or safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property or the general public; or
   4. Lease violations that may impact the health or safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property or the general public
   5. Non-essential Evictions. Both Residential and Commercial

5. Residential Eviction Moratorium: Non-Essential Evictions.
   1. Sending Notices threatening eviction: NO!
   2. Sending reminder Notices for unpaid rent: Yes, with specific language.
   3. Terminating and filing Summary Process Action: NO!
   4. All deadlines in pending cases tolled
   5. No levying on Executions, deadlines tolled
   6. No late fees or furnishing rental payment data to a consumer reporting agency so long as tenant provides notice and documentation to landlord that non-payment was due to COVID-19

6. Commercial Eviction Moratorium: Non-Essential Evictions and Small Business Premises Units and Non-Small Business Premises Units
   1. Sending Notices threatening eviction: Yes to all!
   2. Terminating and filing Summary Process Action: Non-Small Business Premises Unit Only
   3. Small Business Premises Unit
   4. Elements on who qualifies
   5. Small Business Premises Unit can be evicted for expiration of lease term or default of lease which occurred before the declaration of COVID-19 Emergency: March 10, 2020
   6. You can evict Small Business Premises Unit if lease expired or default occurred before State of Emergency
   7. Using Last Month’s Rent, how to do this, when, and why

7. Working with Tenants for Nonpayment During the Eviction Moratorium
   1. Engaging with Tenants in calm manner
   2. Out of Court repayment agreements

8. How are Courts handling Litigation and Obtaining Access to the Courts?
   1. Recent Standing Orders of Courts (Superior, District, Housing)
   2. Statistics of Courts for Commercial/Residential
   3. What is being heard and what is successful?
   4. Need to make it clear why case can proceed at time of filing
   5. Taking appropriate steps leading up to filing
   6. Delay in scheduling of trials / hearings

9. Are Other States Imposing Moratoriums?

10. Federal Moratorium: Residential ONLY
    1. How Federal Moratorium impacts Massachusetts Moratorium

11. How to handle Security Deposit and Last Month’s Rent
    1. Avoid violations of M.G.L. c. 93A and 186, §15B
12. Documenting Incidents for Best Practice
    1. Writing it down with specificity

13. Question and Answer

Speaker:

Eric T. Thulin, Associate

Goldman & Pease LLC

160 Gould Street, Suite 320

Needham, MA 02494

781-292-1080 x245

781-239-8909 (fax)

[email protected]

Tickets

$30.00 Members

$40.00 Non-Members

$30.00 AMO Company Employee