Steven Matthew Ayr’s Answers

Steven Matthew Ayr

Boston Business Attorney.

Contributor Level 8
  1. Rental increase

    Answered over 2 years ago.

    1. Erik Hammarlund
    2. Steven Matthew Ayr
    2 lawyer answers

    To address your additions: In Massachusetts there's no timetable on which any renovations or maintenance work has to be done in order for a rented unit to be legal. Generally speaking, the unit just has to remain in compliance with the State Sanitary Code and with any local ordinances. Typically, this isn't a particularly high bar to meet, and it is divorced from any aesthetic standards. In other words, things don't have to look good, they just have to function as they're supposed to. As...

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  2. My downstairs neighbor has me feeling harassed

    Answered over 2 years ago.

    1. Jon W. E. Rockwood
    2. Steven Matthew Ayr
    3. Joshua N Robbins
    3 lawyer answers

    Attorney Robbins' answer is an excellent one, to which I'd add only one other consideration. Generally speaking, if a neighbor is creating a nuisance and that neighbor is a renter, they're likely also breaching their lease. By documenting incidents of harassment or nuisance, you can not only allow your attorney to determine whether you have a cause of action against the neighbors, but you may also be able to provide documentation that their landlord could use to then proceed with an...

    3 lawyers agreed with this answer

  3. How to negotiate compensation from home depot.

    Answered 12 months ago.

    1. Kati M. Amarantes
    2. Steven Matthew Ayr
    3. Constantine T Mariolis
    3 lawyer answers

    This sounds like a tremendously frustrating situation, and I know that your focus at this juncture is on any possible recovery from Home Depot, but I think that you may have bigger legal fish to fry. Frankly, from your description it sounds as though you may be running an illegal rooming house by renting out rooms, that may or may not be bedrooms, to several unrelated persons. In Massachusetts, a rooming house is any dwelling wherein four or more unrelated parties (and unrelated to the landlord)...

    2 lawyers agreed with this answer

  4. Can a management company charge the sublessee or sublettor a realtor's fee?

    Answered over 2 years ago.

    1. Steven Matthew Ayr
    2. Erik Hammarlund
    2 lawyer answers

    As Attorney Hammarlund rightly points out, this is typically going to be controlled by your lease, so that's going to be the most important document. Where a landlord is attempting to charge a tenant a fee, though (whether residential or commercial), I always stress the importance of gathering ALL the documentation surrounding the fee. That is, not just the lease, but in a case of a realtor's fee, the documentation that the landlord has that establishes why a fee was due, how it was paid,...

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  5. I received a PHONY 14 day notice to quit by Certified Mail.Landlord has not retained attorney listed in the document.

    Answered about 3 years ago.

    1. Steven Matthew Ayr
    2. Christopher Saccardi
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    To add a thought to the excellent answers above, anytime a landlord misrepresents something with regards to the tenancy, there's a potential violation of 93A, the Massachusetts Consumer Protection Statute. Here, if the landlord is misrepresenting the source of the notice to quit for the purpose of intimidating tenants, I think there's a potential violation. However, as the attorneys above note, the real focus here should be on whether this case will proceed to court and whether the notice...

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  6. Do regular landlord- tenant laws (940 CMR 3.17) apply to subleases for more then 100 days?

    Answered almost 2 years ago.

    1. Steven Matthew Ayr
    1 lawyer answer

    The Massachusetts statute governing security deposits is G.L. c. 186, s. 15B. So long as a tenancy is created, 15B doesn't place any minimum time that must be reached in order for its provisions to go into effect. In other words, as long there's a tenancy, 15B will apply to a security deposit held for one day in the same way it will apply to a deposit held for 100 days. While it's not explicit in your question, it sounds like there was a lease and as such there shouldn't be a question...

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  7. Good Morning, I have a year lease, can I break it 5 months in???

    Answered over 4 years ago.

    1. Steven Matthew Ayr
    2. William T Harrington
    3. J. Leonard Sweeney III
    3 lawyer answers

    There are no statutory fees, fines, or penalties associated with breaking a lease. As a general matter, you can always break a lease, the only questions are, "Will the landlord sue?" and if so, "What will be the measure of damages?" When a tenant breaks a lease, the landlord is entitled to sue for all the money owed for the rest of the lease term. However, the landlord is also required to mitigate their damages by trying to rent the apartment out again as quickly as reasonably possible for...

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  8. How long does a Tenant have to retrieve their property?

    Answered over 4 years ago.

    1. Steven Matthew Ayr
    2. Phil A. Taylor
    2 lawyer answers

    While more facts would be necessary to give you a solid analysis of your situation, it sounds as though you may have a claim against your former landlord for the value of those possessions thrown out. Basically, even though you agreed to vacate by a certain date, by leaving your belongings there you failed to vacate. In that situation, what the landlord should have done is file for an eviction. Without a court judgment for eviction and a separate order authorizing execution on that...

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  9. I signed up for a one year lease agreement for a space for a commercial space, but it rolled into a five year agreement.

    Answered 10 months ago.

    1. Jennifer L. DiCarlo
    2. Steven Matthew Ayr
    2 lawyer answers

    I agree that, ultimately, you should have an attorney take a look at the lease to help you determine what your options are. Unlike residential tenancies, commercial tenancies are relatively unregulated by statute, and therefore governed almost entirely by what is in any particular commercial lease agreement. With that said, one of the options that you may have is a sublet. That is, if you'd like to close the business but not be responsible for the monthly rent, you may be able to re-rent...

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  10. What legal issues do I need to consider if I want to start a crowd-funding site where the money is being sent outside the US?

    Answered about 1 year ago.

    1. Steven Matthew Ayr
    2. Eric J Camm
    2 lawyer answers

    I'm going to agree with Attorney Camm, an explanation of the depth and breadth of the legal considerations you're going to have to take into account is well beyond the scope of what can responsibly be provided on this site. Suffice it to say, you're going to have to deal with issues ranging from formation, to banking, to securities regulation, to international trade. At this juncture, as you explore the viability of this potential business, I think the most important thing you can do is put...

    1 lawyer agreed with this answer