HOW TO PREVAIL IN THE COURTS DURING THESE PANDEMIC TIMES

Revised our outline because of the expiration of the Massachusetts Moratorium

Speakers

Howard Goldman, ESQ.

  Eric T. Thulin, Associate

 Presentation to IREM

HOW TO PREVAIL IN THE COURTS DURING THESE PANDEMIC TIMES

Presentation to IREM

Tuesday, November 10, 2020

10:00 a.m. – 12:00 p.m.

1. Renting during the Pandemic: Avoid Traps for the Unwary
   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. Is there still an Eviction Moratorium?

3. Who Does it Impact?

4. What is the Federal Moratorium’s Impact on Residential and Commercial Landlords and Tenants?
   1. Evicting Residential Tenants
   2. Evicting Commercial Tenants.

5. Residential Evictions:
   1. Serving a Notice to Quit
   2. Do’s and Don’ts

6. Commercial Evictions:
   1. Can you proceed
   2. Working with Commercial Tenants

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. Taking appropriate steps leading up to filing
   5. Delay in scheduling of trials / hearings
   6. Two-Tiered Systems

9. Are Other States Imposing Moratoriums?

10. How to handle Security Deposit and Last Month’s Rent
    1. Avoid violations of M.G.L. c. 93A
    2. Avoid violations of M.G.L. c. 186, §15B

11. Documenting Incidents for Best Practice
    1. Writing it down with specificity
    2. Taking statements of witnesses and creating business records

12. 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]