Boston Real Estate Law News

Top 10 Tips for Buyers as the Housing Market Recovers

2013-05-02T11:39:01Z

Like Florida, when it came to Boston's real estate market, some people thought it would never come back. But guess what? It's time to trim those trees and rent that staging furniture: The Boston real estate market is ba-ack ~~from the dead~~!

For those on the buying end, here are 10 house-buying tips to consider while on the prowl for your new palace:

Think big -- and broad. With an improving market, you might face higher prices. This could dash your dreams of owning the life-size Barbie Princess Palace. You just have to keep an open mind. Consider a fixer-upper, a home with a rental, or a jointly owned home.

Plan financially. Build up your cash for a down payment plus other expenses that come with owning a home. Also check your credit report for accuracy.

Research the market. Researching neighborhoods should be a priority, and it's important to make sure you know what the crime rates are in the neighborhood and what schools are nearby if you plan on starting a family.

Get a pre-approval letter. After shopping around for a financial institution, get pre-approved for a home mortgage.

Get an independent inspection. Ask for an independent inspection of your dream home. Sure, the exterior and interior may look clean and freshly painted, but it won't be so pretty when the house collapses from hidden mold and rotten wood. Structural defects and pests can be hidden flaws that can end up costing buyers.

Think numbers. Spend some time thinking about what you should offer when you're sure you want to purchase a home. Figuring out how much you can afford and taking into account the seller's position (for example, do they have multiple offers already?) can help you get into a better bargaining position.

Learn the lingo. Before you take the plunge into a purchase, you should understand the common words and terms usually used in a real estate transaction. Once that becomes too daunting...

Hire a lawyer. Massachusetts requires a real estate attorney to be part of the process, especially at closing. If you're buying property in an area where a real estate attorney isn't required, you should consider seeking legal assistance for more complex matters.

Find a buyer -- for your place! That will give you a better idea of your financial situation and your ability to move at all.

Go with your gut. A house purchase is a big step. After all the research, if you get cold feet, it's OK! Don't force yourself to go through with it if your gut -- or checklist -- tells you otherwise.

Happy house hunting, Bostonians!

Related Resources:

Find a Boston Real Estate Attorney (FindLaw)

7 Steps to Selling Your Boston Home (FindLaw's Boston Real Estate Law News)

Why Are Mortgages Harder to Get? (FindLaw's Boston Real Estate Law News)

Single Family Sales Up, Consider Buying a Condo (FindLaw's Boston Real Estate Law News)

7 Key Provisions in a Lease

2013-04-15T13:02:06Z

Boston has a notoriously tough rental market. Landlords often seek as many concessions as possible and may include unreasonable terms in the lease.

As a result, you will need to read every provision in your lease very carefully prior to signing.

Here are seven key provisions in your lease that you will need to pay attention to:

Rent amount. The lease must include the amount of rent. Without including this provision, the lease isn't valid. You also will want to make sure that the stated rent is the same as what was advertised or what the landlord verbally told you.
Dates of tenancy. The lease must specify the date when the lease ends. It can be as short as several days, last month to month, be an annual lease, or any other stated amount.
Security deposit. The lease must discuss the amount of your security deposit and your rights regarding your security deposit. For example, you will want to know when the security deposit will be repaid and what expenses can be deducted from the deposit.
Repairs. The lease should not say that you bear the burden of all repairs. The landlord should be responsible for general repairs to the building, while you may be responsible for minor things in your own unit which you cause.
Landlord entry. A clause that says a landlord can enter the premises for any reason is not valid. A landlord can only enter to make repairs, show the apartment to prospective tenants or purchasers, or to inspect the apartment.
Early termination. For a variety of reasons, you may need to end your lease early. What are the penalties if you do so, if any?
Eviction. Evictions are covered by state law and the landlord cannot list random reasons allowing him to evict you.

If you have a question about a lease, you may want to contact a Boston landlord-tenant attorney.

Related Resources:

7 Steps to Selling Your Boston Home

2013-04-04T19:16:01Z

You're ready to sell your Boston home. However, with the real estate market only recovering slightly, you may have some hard work ahead of you to get the best value for your home.

Here's a look at seven general steps to selling your home:

Know the local market. Understanding your local market can make a huge difference in terms of when you should sell and what you should ask for. During hot markets, multiple bidders can drive up housing prices considerably. Similarly, in down times, you may have to settle for less than the house is really worth. In general, it's a good idea to attend open houses and talk to neighbors and real estate agents to get a feel for what condition your local housing market is in.

Compare your house with similar homes on the market. To really get a good idea for how much you should ask for, find out how much comparable houses sold for in the area. A good comparison home should have sold within the past six months, be in the same neighborhood, and be similar in terms of age, size, and number of rooms.

Decide to hire a Realtor or go it alone. Only a few states require you to hire a real estate agent or attorney. (In Massachusetts, real estate lawyers are required to take part in the closing process, according to the Boston Globe.) However, even if it is not required, you may want to consider working with a real estate agent. Selling a home can be exhausting and time-consuming. Plus, an agent may have contacts that make her commission worth it.

Fix up your house. You may want to hire a professional home inspector before beginning the selling process. This allows you to fix problems before a buyer sees it. And since buyers will hire inspectors of their own, it makes sense to resolve any problems first. In addition, you may be surprised how relatively inexpensive fixes drastically improve the value of your home.

Complete paperwork. If you don't hire an agent, you can look forward to filling out lots of paperwork on your own. This can include forms like disclosure forms detailing the house's physical condition.

Advertise your house. You or your agent should list your house on the Multiple Listing Service. In addition, you may want list your home on websites like Craigslist and in other classified ads. Open houses are also a great idea.

Evaluate offers and close the deal. Remember that the highest offer is not necessarily the best offer. For instance, although one buyer may have offered more, there may be conditions attached to that offer. Another common example is when the buyer's financing is questionable. After finding the ideal buyer, you will close the deal by signing a contract. You can browse our online directory of Boston real estate lawyers to help you with this part of the process.

Related Resources:

Selling Your Home -- Do You Need a Real Estate Agent? (FindLaw)
Selling Your Home (FindLaw)
What Is an Attorney's Role in a Home Purchase? (FindLaw's Boston Real Estate Law News)
Ready to Make a Move? Get the Real-Estate Forms You Need From LegalStreet (LegalStreet.com)
(Disclosure: LegalStreet and FindLaw.com are owned by the same company.)

Why Are Mortgages Harder to Get?

2013-03-20T09:49:01Z

The housing market is going back up, according to Boston.com's Real Estate Now Blog. In some areas, it's booming.

Boston is no stranger to this phenomenon. Back in the day, it had a booming market and overpriced homes.

Now, as the market is recovering, we're seeing history beginning to repeat itself.

Of course, history can repeat itself in some ways but not in others. So while house prices might be rising, it looks like the banks might have taken a hint from the housing bubble mess.

And from the looks of it, they're not keen on repeating their mistakes.

Remember the housing bubble of the early 2000s? Homebuyers were getting mortgages left, right and center. In fact, it looked like all you needed was to have a pulse in order to land a mortgage.

But today, according to Boston.com's Real Estate Now, it's not that easy. The blog cites a UPI report that found 40 percent of potential buyers are getting shot down by mortgage lenders.

In fact, some potential homebuyers get far into the process, only to have the line go dead on them when trying to get a mortgage.

Credit scores are becoming increasingly more important when trying to get a mortgage. They always were important but now, a score of 680 is a must, according to Boston Real Estate Now.

And the debt-to-income ratio is also being taken into account a lot more. The total debt of a potential homebuyer must not exceed 43 percent of the borrower's income, reports Delaware Online.

Furthermore, those without W-2s will have a harder time getting a mortgage. So for those who are self-employed, the mortgage process is a bit more difficult. In the past, all borrowers needed was to state their income. But now, documentation is much more critical in applying for a loan.

Mortgages are harder to get. That's the bottom line. If you're getting into the housing market, you'd better have a good down payment handy.

Related Resources:

Must a Mortgage Be in Writing? (FindLaw)
Most Americans Oppose Walking Away from Mortgages (FindLaw's Law and Daily Life)
Find a Boston Real Estate Attorney (FindLaw)

What Is an Attorney's Role in a Home Purchase?

2013-03-14T19:53:01Z

Massachusetts plays by some different rules when it comes to buying and selling a home.

In most states, a real estate agent can handle all aspects of a home sale. In Massachusetts, things are a bit different.

According to Boston.com, a Massachusetts real estate lawyer has a unique role when it comes to buying and selling real property in the state.

For starters, in many other states, the escrow company or the title company holds the money prior to closing. This isn't the case in Massachusetts, where "escrow companies" currently don't exist.

Let's explain the escrow process a little here: When buying a home, the buyer has to put down a deposit prior to closing. The initial deposit for the home is held in an escrow account. The escrow account is a type of third-party account, holding the money pending the sale.

In Massachusetts, however, it's not uncommon for a real estate attorney to hold the money on behalf of the client.

In Massachusetts, title companies aren't always the only resource used when confirming title to the property. Checking and recording title is a part of the real estate purchase and sale process.

Massachusetts' title recording system is different from many other states. While many states have adopted an indexing system based on addresses or parcels at the county recorder's office, Massachusetts still indexes properties using the names of the title holders.

As a result, the process of establishing legitimacy to the chain of title can sometimes be challenging. To establish legitimate title, one would have to go through the chain of title to check for liens on the property, as well as other encumbrances.

In Massachusetts, the lawyer often also conducts the closing. In many cases, the lender's attorney is also present at the closing.

If you're in the process of buying or selling a home, have a look at our related resources below for more information. Also, have a look at our directory of Boston real estate lawyers.

Related Resources

Buying a Home (FindLaw)
Buying a Home? Listen Up! (FindLaw's Boston Real Estate Law News)
Find a Boston Real Estate Attorney (FindLaw)

Consider Short-Selling Your Home

2013-03-07T20:28:01Z

According to RealtyTrac, there were nearly three times the number of short sales as there were foreclosed homes in 2012.

The numbers show that across the nation, foreclosures made up 11% of all sales. Short sales comprised 32% of all home sales, according to CNNMoney.

If short sales are so common, how easy are they? And what does the process involve?

A short sale and a foreclosure are two different things. A foreclosure is when the bank takes possession of your home. In a foreclosure sale, the bank tries to sell it.

In a short sale, however, the homeowner is still selling the home.

The difference between a short sale and a regular sale is that in a short sale, the house is sold for less than it's otherwise worth.

Here's how a short sale works. The first step is to contact the bank and let them know of your intention to short sell your home. They might come back and try to give you a loan modification. But if you're set on short-selling your home, then a loan modification won't help.

In order to have a successful short sale, you need to look at comparable prices in your area and then hire a realtor. The realtor will list the house on the market and bring in the buyers.

When you have a good buyer, you then submit the offer to the bank, along with all the necessary paperwork the bank asks for, in order to approve your short sale.

The bank may ask for your financials, and will usually ask for a hardship letter. While it might seem wise to have this letter drafted by an attorney, the little-known fact is that these letters work better when drafted by hand (i.e., in your own handwriting).

If the bank approves the short sale, then the sale closes and you move out.

The bank may ask for a higher sale price from the buyer or a lump sum amount from the seller. This is not uncommon.

A short sale does affect your credit but you'll be back in the game in no time, if you watch your finances and make your payments regularly.

Related Resources:

The FindLaw Guide to Surviving a Foreclosure (FindLaw - Free Download)
Giving Up Your Home Without Foreclosure (FindLaw)
Find a Boston Real Estate Lawyer (FindLaw)

Single Family Sales Up, Consider Buying a Condo

2013-02-27T20:01:25Z

Massachusetts homes are on the up and up. Single family house prices are rising and inventory is falling. And with home sales up, less homeowners are suffering from underwater mortgages, according to The Warren Group, a real estate consulting firm.

Single family home sales in Massachusetts are at their highest level since 2007.

But while it may become harder to land a sweet single family home, condo prices are not rising as fast. In fact, condominium prices have dropped from last year to this year.

This makes it a great time to buy a condo.

So what's the difference between a condo and a house, aside from the obvious?

Well, for a starter, the obvious isn't always so obvious. For example, sometimes what appears to be a townhouse can actually be a condominium.

Here are some key traits of a condo:

You own the space, not the walls.

Sound a bit crazy? You actually own the living space. The outside structure belongs to the condo association or to the overall owner of the complex. So you can't tear down walls in a condo that easily. The good news is that since much of the property is managed by the association, the homeowner isn't always responsible for outdoor maintenance and gardening. Of course, this depends on the condo association and the particular development you live in.

Common areas are shared.

There are many common areas, such as parks, playgrounds, pools, and even walkways. Those are shared by all the owners of the condos. These areas are also often maintained by the condo association. The drawback here is that you have to pay a fee to the condo association. That fee can run in the hundreds of dollars per month. Other drawbacksare the limitations. There are rules and limitations to how the public areas are to be used. These are usually outlined in a document called the CC&Rs.

There are many ways to own a home. Whether you're getting into your first home or whether you're picking up an investment property, have a look at our related resources below for more information on condos and other options.

Related Resources:

Tips for Buying a Condo or Co-Op (FindLaw)
Advantages of Condos and Co-Ops (FindLaw)
Find a Boston Real Estate Lawyer (FindLaw)

Can You Walk Away From Your Mortgage That Easily?

2013-02-21T20:40:01Z

What happens when your house is worth less than what you owe -- i.e., when your home is underwater? What's your best option?

Is it smart to walk away from your mortgage? Is strategic default the answer?

There's no perfect answer for this question. It's a facts-and-circumstances kind of question. Everyone has different facts and circumstances.

Can people really walk way that easily from their homes?

Strategic foreclosures happen all the time. That's when a homeowner simply gives up on his mortgage and walks away, after living in the foreclosing home for a period of time.

And apparently, it's good for the economy. These strategic foreclosures are boosting consumer spending by allowing distressed homeowners to keep more money in their pockets.

The thing is that in a recourse state, such as Massachusetts, you might face the lender coming after you for what you owe them.

In some states, such as California, a mortgage is considered a "non-recourse loan." As such, the lender cannot come after you for the remainder owed on a purchase money mortgage.

But even in a non-recourse state, a secondary mortgage, such as a home equity line of credit (HELOC), might be considered a "recourse loan."

If you foreclose on a recourse loan, the lender could seek a deficiency judgment and collect the difference between the foreclosure sale price and the loan amount.

In Massachusetts, walking away might not be as easy as it is in a non-recourse state. If the loans are recourse, then you may face problems in the future.

So in the end, it may not be so strategic to default.

Tread wisely! And ask a Boston real estate attorney for some advice.

Related Resources

Foreclosure Law Overview (FindLaw)
Just Walk Away? Foreclosure, Deficiency and the HELOC (FindLaw's Law and Daily Life)
Find A Boston Real Estate Attorney (FindLaw)

A Primer on Different Types of Leases

2013-02-15T21:01:01Z

There are many types of leases. Do you know which one you're getting yourself into?

While the majority of leases have standard provisons, there are additional things to look out for among the different types of leases.

The basic type of residential lease is the flat or fixed lease, where rent is fixed at a certain amount for a set period of time. This is the type of residential lease you'll typically see. It can be month-to-month or it can be fixed for a term of months.

If it's a month-to-month lease, then rent can be changed each month. That can be a huge disadvantage to the renter. On the other hand, there's the flexibility to move out with short notice. There's no worries about penalties for breaking the lease.

A fixed term lease is harder to break and may come with penalties for early termination. However, its harder for a landlord to change the rent during the term of this lease.

Sometimes, landlords choose to enter into cost-of-living leases, which are long term leases but provide the landlord with the ability to increase rent each year to adjust to the cost of living increases (i.e., inflation).

In commercial leases, there are a few variations as well. This is usually because a commercial landlord may provide more services to a tenant. As a result, the landlord's expenses to operate the property are often quite high, and some of that burden is shouldered by the tenants. These expenses oten include taxes and insurance.

In a net lease, the tenant pays the base monthly rent and some of the expenses as they are incurred by the landlord.

In a net-net lease, the tenant pays a base rent and his proportional share of the taxes and insurance premiums.

And in a net-net-net (triple-N) lease, the tenant pays the taxes, premiums, insurance, repairs in addition to the base rent.

Related Resources:

Landlord Tenant Disputes (FindLaw)
The FindLaw Guide to the Eviction Process (FindLaw - Free Download)
Tenant Rights (FindLaw)
Find a Boston Real Estate Lawyer (FindLaw)

Can't Make Your House Payments? 3 Potential Options

2013-02-07T13:36:01Z

The housing market has picked up dramatically, but there are still many distressed homeowners out there.

For those who are having trouble making their mortgage payments, there are multiple options to consider.

Here are three of the most common:

Loan modification. This is the first step for struggling homeowners. Often, when a distressed homeowner calls the bank's home retention department, the first suggestion the bank makes is a loan modification. It's not always the wisest option. Usually, banks will offer to lower the interest rate or the term of the mortgage. But lowering the principal isn't as common. It's a good start, but if your home is way underwater, then perhaps you need to be more aggressive on getting rid of that debt.

Short sale. This is a more aggressive approach than a loan modification. It will also come with more risk and a higher cost. But if done successfully, you can be free and clear of your mortgage. Basically, you sell your house at its current market rate and ask the bank to forgive the rest of the loan. Your credit rating will take a hit, though. And sometimes, the bank will ask for a few thousand to cushion the blow.

Foreclosure. This is the last resort for a distressed homeowner. It's when the bank takes possession of the home. Usually, it comes after several months of nonpayment. The bank first issues a foreclosure notice and eventually takes possession. A foreclosure can result in a larger hit on your credit score. Sometimes, you can hand the deed over to the bank. This is called a deed in lieu of foreclosure.

Which option is best for you? It really depends on your specific situation, and what you're trying to accomplish. Talk to a lawyer or check out our related resources below for more information.

Related Resources:

Giving Up Your Home Without Foreclosure (FindLaw)
Things looking up for short sale sellers (FindLaw)
10 Tips to Avoid Foreclosure (FindLaw)
Find a Boston Real Estate Lawyer (FindLaw)

What Are Massachusetts' Adverse Possession Laws?

2013-01-31T13:35:01Z

How can you claim adverse possession in Massachusetts?

The real estate market downturn led to many foreclosures in parts of the country and many vacant properties. There have been cases across the nation of people squatting in homes. In some cases, these people have even been able to produce paperwork to claim that the home now belongs to them, MSN reports.

While the squatter problem isn't rampant in Boston, it's still an interesting question to ask. How can someone take possession of a vacant property in Massachusetts?

The answer lies in a legal concept called adverse possession.

Adverse possession is the idea that possession is nine-tenths of ownership. If someone takes possession of land and stays there for a certain period of time defined by law, the theory is that the land would belong to that person.

If you think about it, it's really an old-fashioned law. It almost sounds feudal. In fact, nowadays it takes a lot more than possession to take control of a property.

In Massachusetts, registered land is excluded from adverse possession by statute. That means a squatter can't walk on to a property that is registered to another owner and claim adverse possession, according to Massachusetts' laws.

But generally speaking, in order to have a case for adverse possession in Massachusetts, the possession must be open, actual, notorious, exclusive and adverse for 20 years.

Adverse possession isn't always clear-cut, and it doesn't just relate to vacant homes. For example, a neighbor may be able to claim adverse possession on a piece of your property by fencing in some of your land, if you don't take action for 20 continuous years.

If you have any questions on adverse possession, take a look at out related resources below or contact a Boston real estate lawyer.

Related Resources:

Foreclosure (FindLaw)
Adverse Possession: Continuous Trespassers' Rights (FindLaw)
Squatter, 23, Claims Legal Right to Occupy $2.5M Mansion (FindLaw's Legally Weird)

8 Things to Know Before Signing a Lease in Massachusetts

2013-01-22T13:53:01Z

If you're entering into a residential lease, it may be worth it to enter into a written lease. While many landlords still go by oral or unwritten leases, a written one will guarantee you certain protections.

You might not always want to get a lawyer to review your lease. But if you opt for reviewing your lease without the help of a real estate lawyer, here are a few things you should know:

Always read the lease. Even of the landlord says that the lease is standard and that it's the same lease he or she has every tenant sign, you want to make sure that you understand what you are signing before you sign it.
Rent amount. The lease must include the amount of rent. Without including this provision, the lease isn't valid.
The dates of tenancy. The lease must specify the date when the lease ends.
Security deposit. The lease must discuss the amount of your security deposit and your rights regarding your security deposit. Also, the lease must not say that the security deposit may be used to pay for utilities if you fail to pay for them.
The name and contact info of the landlord. The same must be included for any person responsible for maintaining the property.
Repairs. The lease is not allowed to say that the tenant bears the burden of all repairs. That's the landlord's responsibility, unless the tenant breaks something.
Electricity and gas. The lease cannot specify that the tenant has to pay for electricity and gas if the bill comes in the landlord's name or if there is no meter separately calculating the tenant's utilities.
Landlord entry. A clause that says a landlord can enter the premises for any reason is not valid. A landlord can only enter to make repairs, show the apartment to prospective tenants or purchasers, or to inspect the apartment.

Related Resources:

Landlord Tenant Disputes (FindLaw)
Eviction Guide (FindLaw)
Tenant Rights (FindLaw)
Find a Boston Real Estate Lawyer (FindLaw)

New Mass. Domestic Violence Law Lets Victims Break Lease

2013-01-16T13:55:01Z

Have you read the new Massachusetts Domestic Violence Act? If you're a landlord, you might want to take a close look at this new law.

The law provides victims of domestic violence the opportunity to break their lease and move out. Essentially, victims of sexual assault and stalking are allowed by law to break their lease and not incur much financial penalty.

They're also entitled to have the landlord change their locks.

Initially, the law was seen as detrimental to landlords, as the short notice on breaking a lease was criticized. As a result, the legislators included a three-month notice period.

Here are a few more key details on the law:

The victim must file a notice with the landlord within three months of the sexual assault or the incident that caused the victim to believe they were under imminent threat of sexual assault. The landlord can ask for more information to support this complaint, but the landlord is under duty to keep this information confidential.

If the tenant moves out after providing the landlord with the proper notice, the landlord can only hold the tenant liable for rent for one full rental period (usually one month).

If the tenant does not move out, she has the right to request that the landlord change the locks. Assuming that the landlord does not change the locks within two days, the tenant can do so.

The law goes one step further, making it illegal for a landlord to discriminate against someone who terminated a previous lease because they were a victim of domestic violence.

Massachusetts has many tight laws in the landlord-tenant area. If you're a landlord or thinking of becoming one, have a look at some of our related resources below.

Related Resources:

It's Hard Out There For a Landlord! (FindLaw's Boston Real Estate Law News)
Ten Landlord Legal Mistakes to Avoid (FindLaw)
Find a Boston Real Estate Lawyer (FindLaw)

It's Hard Out There For a Landlord!

2013-01-11T20:08:40Z

Landlords have many obligations vis-a-vis the tenant.

An interesting blog post in the Boston.com Real Estate Blog looks at whether Massachusetts landlords have it tough.

Here’s what the blog post says.

For starters, professional tenants have the ability to use health board complaints to cease paying rent. The problem with this loophole in the law is that many professional tenants play dirty and make fake claims. According to Boston.com, the tenants make trumped up charges and damage their apartments themselves to get a free ride.

Landlords in Massachusetts have obligations outlined in law. In addition to those issues mentioned in the Boston.com blog post, there are several other ones.

For one, Massachusetts landlords are obligated by law to pay for heating and water. This is by sole operation of the law, which means that if the lease is silent as to heating (we’ll discuss water later), then the landlord must pay.

If, however, the lease actually stipulates that the tenant must pay for heating, then the tenant must pay. Keep in mind that this lease provision must be clear to the tenant.

There’s more. If the landlord is providing the heat, then there are even rules as to how much the premises must be heated. From September 16 to June 14, every room must be heated to at least 68 degrees between the hours of 7 a.m. and 11 p.m. The maximum heat during this season is 78 degrees.

As for water— the landlord’s duty to pay for water and sewer costs can’t even be negated through a lease. That means that even a lease provision that says that the water costs are the duty of the tenant can’t hold up. It’s void and unenforceable.

See? It’s hard out there for a landlord!

Related Resources:

Landlord Tenant Disputes FAQs (FindLaw)
Ten Landlord Legal Mistakes to Avoid (FindLaw)
Find a Boston Real Estate Lawyer (FindLaw)

Boston Cleans Up Vermin Problem in Public Housing

2013-01-09T14:04:01Z

There's something to be said for improving housing conditions. The city of Boston cleaned up its public housing and as a result, incidents of asthma have gone down, reports The Boston Globe.

Back in 2005, the Boston Public Health Commission joined forces with the city's housing authority, targeting the city's public housing. The joint task force aimed to clean up the public housing, ridding units of roaches, rodents and other vermin.

Roaches and rodents leave droppings behind which can cause respiratory issues, including asthma.

While many residents tried to attack this problem on their own, the problem only became worse through the use of harmful pesticides. That's when the city stepped in.

Landlords owe a duty to provide safe and healthy housing. They essentially owe a duty to provide premises that are habitable. This is called the implied warranty of habitability, which includes a guarantee that housing is free of vermin, pests and health concerns such as respiratory hazards.

After noticing that there was a high rate of asthma in the city's public housing, the city authorities took matters into their own hands.

They put a plan in place which addressed not just the infestation problem, but also the conditions leading up to rodent and roach infestation -- conditions such as leaks in plumbing, for one.

The city also focused on trash removal and worked with residents to remove clutter from their homes. They also produced a video about how to safeguard homes from vermin, and instructed residents to immediately notify management regarding any leaks or pests.

They also put building residents to work as housing advocates, to help others understand the issues. It looks like their efforts are now paying off.

Related Resources:

Find a Boston Real Estate Lawyer (FindLaw)
Your Rights as a Renter (FindLaw)
Watertown's Rat Infestation: Do Residents Need the Pied Piper? (FindLaw's Boston Real Estate Law News)