SPOA Releases Episode 13 of Housing Policy Series with "The Security Deposit Trap"
by Amir Shahsavari
The Small Property Owners Association (SPOA) has released Episode 13 of SPOA Housing Policy Series called "The Security Deposit Trap."
When property owners accept security deposits from tenants in many cases, they are unaware of the strict requirements for maintaining these deposits. Although security deposits were once intended to protect the owner's property from damage caused by tenants, the focus shifted to protecting the tenant's deposit, which eventually took an extreme turn for the worse in Massachusetts.
The conversation centers on Ms. Taneka Davis, who was forced to launch an eviction when her tenant refused to vacate the property after Taneka provided reasonable notice of termination with the intent to sell. Due to the complicated system, Taneka hired Attorney Jordana Greenman two months later to reissue the notice using the proper language. In this particular case, Taneka had to regain possession of the property in order to sell at a reasonable price. But Taneka's honest misunderstanding of security deposit requirements allowed the tenant to delay the eviction process significantly, as Taneka was forbidden to remedy the situation after the eviction began.
Attorney Greenman, whom Taneka retained thereafter, outlines the complexities of security deposit regulations in Massachusetts to help property owners avoid the security deposit trap, which is weaponized against housing providers.
SPOA Vice President, Amir Shahsavari, moderates the discussion.
SPOA Housing Policy Series
Episode 13
The Security Deposit Trap
For more information about security deposit rules in Massachusetts, you can refer to the following website: https://www.mass.gov/info-details/massachusetts-law-about-tenants-security-deposits It is best to consult with an attorney before accepting a security deposit.
by Amir Shahsavari
Argentina's Rent Control Ban Shows That Free Markets Benefit Both Renters and Property Owners
by Amir Shahsavari and Allen Hebert
In December 2023, Argentina ended rent control. Soon after the removal of restrictions, the supply of housing increased. This resulted in more affordable rents, higher quality housing, and more housing options for tenants, in addition to a safe environment for rental housing providers, whose rights were finally respected after the persecution ended. No longer were owners denied rent increases, as well as their existing rental income, and no longer were they prevented from removing tenants when warranted, among other abuses at the hands of rent control officials.
The two articles featured below from reason.com illustrate what Massachusetts voters knew in 1994 when they banned rent control, and what the current electorate should know throughout the United States when studying Argentina as just one example of why rent control should be banned everywhere.
Javier Milei Ended Rent Control. Now the Argentine Real Estate Market Is Coming Back to Life.
by Amir Shahsavari and Allen Hebert
SPOA Pays Tribute to Emil Ward, 1947-2025
by Amir Shahsavari
We were saddened to learn of the passing of Emil Ward, a brilliant attorney who was once a SPOA board member, officer, and newsletter editor.
Emil was a kind and thoughtful gentleman who moved us with his eloquence and persuasion. Fiercely dedicated to the cause of property rights, Emil demonstrated spirit and resilience throughout his career.
A graduate of Dickinson College, Emil later attended Northeastern University School of Law before gaining admission to the Massachusetts Bar in 1979. Specializing in landlord-tenant law, Attorney Ward took on complex cases with strength and graceful precision. He published Massachusetts Landlord-Tenant Practice: Law Forms in 1996. Emil also taught at Suffolk Law School and Boston University’s Paralegal School, cultivating the next generation of legal professionals. He frequently communicated with the Massachusetts legislature, while speaking on WBZ and other radio stations about real estate dispute resolution.
Emil was a tremendous asset to SPOA, as well as a dedicated proponent of rent escrow law, which SPOA continues to advocate for in the legislature. His spirit will remain with us, as we continue to pursue reasonable housing policies without leaving property owners behind.
by Amir Shahsavari
Sublet vs. Substitution: Which is Right for Your Apartment?
by Demetrios Salpoglou
Although rental property owners are not obligated to accept these types of agreements, sublets and substitutions may be beneficial in some cases. However, it is important to understand the distinctions between these two arrangements, as well as the pros and cons. You can read more by accessing the link below.
Sublet vs. Substitution Agreement: Which Option is Right for Your Boston Apartment?
by Demetrios Salpoglou