2024-2025 Catalog

LAW-2313 Landlord and Tenant Law: Residential

This is a one semester Experiential course offered for 2 credits combining substantive law surrounding the relationship between residential landlords and tenants with practical applications including a wide range of lawyering skills such as how to prepare for and conduct an initial client meeting, client communications, court hearings, ethical issues, research and investigations, strategic counseling, and courtroom performance. Students will examine strategic approaches to: (a) terminating tenancies; (b) eviction bench trials with defenses and counterclaims including discrimination, retaliation, breach of warranty, breach of contract and violations of the Massachusetts Consumer Protection Law (Chapter 93A), (c) injunctions seeking to void the tenancy based upon criminal conduct, and (d) temporary restraining orders seeking to compel landlords to remedy health code violations or stop a move out. This class will provide students with the practical skills needed for engaging in mediation and alternative dispute resolution, preparing for an eviction bench trial, evidentiary hearings and motions. We will examine the development of Housing Law during the current pandemic and legislative moratorium on certain evictions, virtual hearings/trials, access to justice, pro se litigants, reasonable accommodations and federally subsidized housing.

Credits

2