Tuesday, November 10, 2020 – Webinar Presentation to IREM

How to Prevail in the Courts During These Pandemic Times

Tuesday, November 10, 2020

10:00 a.m. – 12:00 p.m.

Register: Click to register

  1. Renting during the Pandemic: Avoid Traps for the Unwary

  • Conduct financial background
  • Obtain Guaranty
  • Is the Tenant employed/furloughed/self-employed?
    • Can you say no without fear of discrimination?
  • Is the Tenant an established Company/Start-up/Franchise?
  1. Is there still an Eviction Moratorium?

  1. Who Does it Impact?

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

  • Evicting Residential Tenants
  • Evicting Commercial Tenants.
  1. Residential Evictions:

  • Serving a Notice to Quit
  • Do’s and Don’ts
  1. Commercial Evictions:

  • Can you proceed
  • Working with Commercial Tenants
  1. Working with Tenants for Nonpayment During the Eviction Moratorium

  • Engaging with Tenants in calm manner
  • Out of Court repayment agreements
  1. How are Courts handling Litigation and Obtaining Access to the Courts?

  • Recent Standing Orders of Courts (Superior, District, Housing)
  • Statistics of Courts for Commercial/Residential
    • What is being heard and what is successful?
  • Taking appropriate steps leading up to filing
  • Delay in scheduling of trials / hearings
  • Two-Tiered Systems
  1. Are Other States Imposing Moratoriums?

  1. How to handle Security Deposit and Last Month’s Rent

  • Avoid violations of M.G.L. c. 93A
  • Avoid violations of M.G.L. c. 186, §15B
  1. Documenting Incidents for Best Practice

  • Writing it down with specificity
  • Taking statements of witnesses and creating business records
  1. Question and Answer