Vetstein Law Group: New Massachusetts Domestic Violence Law Allows Victims To Break Leases, Have Locks Changed

Vetstein Law Group: New Massachusetts Domestic Violence Law Allows Victims To Break Leases, Have Locks Changed

By Richard D. Vetstein, ESQ

Under the new Massachusetts Domestic Violence Act recently signed into law, victims of sexual assault and stalking have the right to break their leases without significant financial penalty, have the landlord change their locks, and other important protections. The important provisions of the new law are as follows:

  • In order to break a lease, victims are required to provide notice to landlords that they were subject to a sexual assault or rape or under imminent threat of same within three (3) months of the incident
  • Landlords may request supporting documentation such as a police report or restraining order (which they must keep confidential).
  • Provided the tenant victim provides the proper notice, she will be relieve of financial liability for 30 days or one full rental period of rent, plus a return of any last month's rent and security deposit.
  • The new law applies to anyone in the renter's household.
  • Victims of sexual assault or stalking may require that the landlord change the unit's locks within 48 hours at the tenant's expense. If the landlord fails to act, the tenant may change the locks herself.
  • If the perpetrator of the sex crime or threat is a household member (i.e., spouse/boyfriend), the landlord may authorize the lock-out the perpetrator by changing the locks and withholding the new key.
  • Landlord's who comply with the new law are generally absolved from liability to the perpetrator.
  • Noncompliance with the new law can result in damages equal to 3x the rental amount, plus payment of the tenant's legal fees, which may be set off against any unpaid rent.

The bill, as finally passed, was signed off by both tenant and landlord industry groups, after several years of debate. A link to the new Massachusetts domestic violence law can be found here. 

View more from The Massachusetts Real Estate Law Blog

 

 Mr. Vetstein has represented clients in hundreds of lawsuits and disputes involving business, real estate, construction, condominium, zoning, environmental, banking and financial services, employment, and personal injury law.

In real estate matters, Mr. Vetstein handles residential and commercial transactions and closings. In land use, zoning, and licensing matters, Mr. Vetstein offers his clients an inside perspective as a former board member of the Sudbury Zoning Board of Appeals. Mr. Vetstein has an active real estate litigation practice, and was a former outside claims counsel for a national title company.

Drawing on his own business degree and experience, Mr. Vetstein assists his business clients with new business start ups, acquisitions, sales, contract, employment issues, trademarks, and succession planning. Mr. Vetstein also litigates, arbitrates and mediates a wide variety of commercial disputes.

....

Sign in with your Lexis.com ID to access Real Estate Law resources on Lexis.com or any of these Mathew Bender  Real Estate Law publications

Click here to order Property Law treatises/resources and Mathew Bender publications. 

Click here to order Real Estate Law treatises/resources and Mathew Bender publications. 

LexisNexis Publications:

View the LexisNexis Catalog of Legal and Professional Publications

LexisNexis eBooks

Click here for a list of available LexisNexis eBooks.

Click here to learn more about LexisNexis eBooks.

For more information about LexisNexis products and solutions connect with us through our corporate site.