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George Charles Samiotes

George Samiotes’s Answers

32 total

  • Will it hurt me to make small payments to a collection attorney who is taking me to court?

    Capital one retained an attorney to collect my debt of $2500.00 that I couldn't pay due to financial harship. In October, I received a letter from the attorney's office along with a blue carbon copy of a docket filed with the court which states a...

    George’s Answer

    If you do not dispute that you owe the debt you can enter into an agreement in writing with the attorney where you pay what you can afford on a monthly basis. Try to get the other attorney to waive the interest owed if you can. Once the debt is paid in full have the opposing attorney dismiss the case.

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  • Lawsuit pending in small claims court for rent we with held in Dec & Jan due to violations.What kind of lawyer do we need?

    No statement of conditions. We sent a list of things that needed to be fixed with 14 days. Owners stated in order to make those repairs they would have to raise the rent.Nov we sent a letter explaining our intention to withhold rent beginning Dec ...

    George’s Answer

    You should contact a Landlord/Tenant lawyer. Also, make sure that the Attorney you consult is familiar with the rules particular to small claims court, as these rules differ from the regular session of the District Court and the Superior Courts of Massachusetts.

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  • What type of lawyer do I need to type up a rental agreement form?

    What type of lawyer do I need to type up a rental agreement form for electronics?

    George’s Answer

    I agree you need a lawyer who specializes in Business/Contract law.

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  • I paid a plumber over $7,000.00 to purchase a furnace he was to install and I never received it what can I do???

    Plumber started to do the work and all I have to show for it are three vent pipes in my basement leading to nothing.

    George’s Answer

    I would have an Attorney draft up a demand letter. If the plumber does not respond, I would recommend filing an action based on breach of contract or what's called unjust enrichment.

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  • The company I hired to build a sunroom can't fix a leak in my roof. Can I walk away from contract?

    I hired a company in June to build a sunroom on top of my existing deck. They took forever to build it and the roof now leaks. They have had 5 opportunities to fix the leak and they can't do it. I no longer want the room as I fear it will alway...

    George’s Answer

    If there is what's called a "material breach" of the contract, you are excused from further performance under the contract. Depending upon the particular circumstances The company's failure to properly build the sunroom without creating leaks may arguably be a material breach excusing you from performing under the contract. I would recommend consulting an attorney who specializes in breach of contract disputes.

    George C. Samiotes, Esq.
    Blake J. Godbout & Associates
    33 Broad St # 1100
    Boston, MA 02109-4230
    (617) 523-6677
    George@bjgalaw.com
    www.bjgalaw.com‎

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  • Should a landlord providesecond copies of the lease after 1.5yrs when a summary process is in place?

    I am a landlord and I provided copies of the lease to 3 tenants when it was signed a 1.5yrs ago, 1 of them moved out. Now I'm evicting them for non-payment and they also have 4 unathorized guest in my property for 6 months. And now they are askin...

    George’s Answer

    Yes, if the tenants send you what is called a "request for production of documents," you must provide a copy of the lease. Also, if you go before a judge she/he may likely want to see a copy of the lease. It's always a good idea to consult an attorney who knows how to help you in drafting your responses to requests for production of documents.

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  • Should there be a written agreement even when the attorney is pro bono?

    A lawyer agreed to represent me pro bono, but we have no written agreement. I feel uncomfortable with this, especially when there is the chance that some money could be forthcoming. Should there be some kind of agreement regarding our relationsh...

    George’s Answer

    Yes it's always a good idea to reduce your agreement to writing in case of a later conflict or dispute.

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  • We'd like to move our son into our basement in law apartment. How do we evict the tenant?

    My wife is pregnant a d this is our primary residence. The tenant has always been slow to pay rent and now doesn't pay anything. She called the board of health to report violations. We can't afford to fix the violations and just want her out.

    George’s Answer

    When a landlord gives a tenant notice that their tenancy is being terminated within six months after the tenant made a report or complaint regarding health/building code violations a rebuttable presumption arises that the notice is a reprisal against the tenant. This constitutes a defense against the eviction. However, if you are able to show the Court that the real reason you are evicting the tenant is because they are not paying rent rather than because she reported you, you may be successful in the eviction. I would suggest consulting an attorney.

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  • I just had glass pulled out of my face from an accident 25 yrs ago is the hospital responsible that stitched me up.

    the area of the stitches turned black 2 weeks ago and swollen. could feel something coming out tonight went to er had cscan it stated foreign object have piece of glass that was taken out

    George’s Answer

    In Massachusetts you normally have three years to bring a negligence lawsuit against a hospital. However, when the negligence and harm are inherently unknowable the running of the three year period begins on the happening of an event likely to put you on notice. Depending on the facts of your case you may be able to argue that the three year period has not run out yet because only until recently were you put on notice.

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  • Can I legally withhold my rent ?

    My apartment was advertised as having a washer and dryer in the unit but the washing machine was actually broken long before I moved in and 3 months later, it still has not been delivered. There is a washer in the basement (I'm on 3rd flr) that ...

    George’s Answer

    In MA a tenant may withold rent, because of uninhabitable conditions or violation of the state sanitary code, but the tenant must meet the conditions and follow the procedure set forth in MGL c. 239 s.8A. I would suggest consulting a Landlord Tenant Attorney. Under the statute, a tenant claiming a defense must pay to the clerk of court the fair value of the use and occupation of the premises less the amount awarded a tenant for any counterclaim or make a deposit of such amount or such installments thereof from time to time as the court may direct, for the occupation of the premises. These funds may be used for repair of the premises and the balance of the funds will be returned to the landlord when all violations have been removed. You also must meet certain other conditions to withold rent. Again, the process is rather complex so I would suggest consulting an attorney.

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