John K. O'Donohue’s Answers

John K. O'Donohue

Andover Real Estate Attorney.

Contributor Level 8
  1. Please help we have the neighbors from hell!!!

    Answered over 3 years ago.

    1. John K. O'Donohue
    2. Candace L. Hodge
    2 lawyer answers

    If you don't know who owns the property, you can research who the current owner may be by searching the land records online at www.masslandrecords.com. You should then immediately inform the owner of the premises of the behavior of his/her tenants. The landlord may decide to evict the tenants if the folks are disturbing the neighbors and the other tenants quiet enjoyment of the premises, as it appears they are based on your post. As for your own course of action, you could go to the...

    1 lawyer agreed with this answer

  2. There has been water overflowing in the water drainage from my roof, I have told the condo association about the issue.

    Answered over 3 years ago.

    1. John K. O'Donohue
    1 lawyer answer

    I would first send a letter first class mail articulating the details and severity of the problem. You will want to prove when the Condo Association had notice of these problems in the event of future litigation with the Condo Association. Maybe the person or persons who check the email have been out of the office. The non-response could be that simple. Regarding any legal action, you may want to review the information about your condo associations and the rules and regulations...

    1 person marked this answer as helpful

  3. How can I evict a tenant who knows how to play the system

    Answered over 3 years ago.

    1. Candace L. Hodge
    2. John K. O'Donohue
    2 lawyer answers

    Yes, of course you can get her out. I would recommend you do not go at this alone. Your tenant has a lawyer, and you would also be wise to hire one given the facts as outlined above. Has she already filed the complaint? I would make sure the case is removed to the housing court if thats available to you. Don't let the civil complaint slow you down with the eviction process. It sounds like most of this communication was verbal, if you have any correspondence in writing that proves what...

    1 person marked this answer as helpful

  4. Should my landlord pay to get rid of bed bugs in our apartment?

    Answered about 3 years ago.

    1. Charles M. Landry III
    2. John K. O'Donohue
    3. Christian K. Lassen II
    3 lawyer answers

    Your landlord has to address this immediately. In my experience, bed bugs are an extremely serious problem for tenants. The bugs can spread quickly to all sorts of your personal property. If bed bugs are discovered, the exterminator will use heat lamps and other devices to kill all of the bed bugs in the unit. Put all of your requests for assistance with this problem in writing.

  5. Serving an international student who wont pay sublease rent

    Answered about 3 years ago.

    1. John K. O'Donohue
    2. Alan James Brinkmeier
    2 lawyer answers

    I agree with the previous response. I also recommend you review the Uniform Small Claims Rules here in Massachusetts. My understanding is that if you can locate his address, you are ok if you send the small claims forms via first class mail, although I'd highly recommend spending the $5 on certified mail. Perhaps you could check with your alumni office in an effort to obtain the former tenants address? Or you may also try some of the people search tools available over the internet....

  6. How long will a foreclosure take in Massachusetts?

    Answered over 3 years ago.

    1. John K. O'Donohue
    1 lawyer answer

    The answer to this question really depends on a more accurate description of the facts of your case, and the status of the foreclosure at the time the lawsuit was filed against your lender. This will be a simple question for your attorney to answer for you. I would reach out to him or her immediately.

  7. When you have Title Insurance on a property does it mean that the Title is clear and I

    Answered over 3 years ago.

    1. E. Alexandra Golden
    2. John K. O'Donohue
    2 lawyer answers

    A short answer to your question is NO. This answer is the reason its a wise decision to purchase an owners insurance policy when you close. The flaw in your assumption is that the bank WOULD give you a Mortgage if they were unaware of any title defects. The banks rely on their lawyers to review/certify the title, but bright people make mistakes, and these errors can cause major problems. You are correct when you say that if the bank knew of a title defect, you likely would not have closed....

  8. How do I do a Title examination? I only want to go back 5 yrs. I already own the property. It was a foreclosure when I bought

    Answered over 3 years ago.

    1. E. Alexandra Golden
    2. Jonas A Jacobson
    3. John K. O'Donohue
    4. Herbert Weinberg
    4 lawyer answers

    If you have a mortgage on this new property, the bank would not have closed if they did not receive the "OK to go" from a title insurance company providing title insurance to the lender. That being said, these protections wont cover any problems you will have as the owner, but you can have piece of mind that your lender was satisfied with the title. Having said that, if you bought the property, paid cash, and did not use a lawyer, you absolutely might have one or several serious title...

  9. Tenant

    Answered over 3 years ago.

    1. Erik Hammarlund
    2. Candace L. Hodge
    3. John K. O'Donohue
    3 lawyer answers

    These aren't too many facts to work with. If you have a lease, I'm willing to bet the amount of notice your landlord must provide to you before a showing is 24 hours per the comment below. Keep in mind it is still your place until the end of the month, so your landlord cant just walk right in without your permission. "annoying" is one thing, "unlawful" is an entirely other animal. If I were in your shoes, I would keep the relationship amicable for these last couple of weeks. Before you...

  10. After numerous attempts of trying to ask my neighbor to stop allowing his dog to poop on my lawn I had to finally contact animal

    Answered over 3 years ago.

    1. John K. O'Donohue
    2. Teresa M. Harkins La Vita
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    Assuming you have no threatened your neighbor, or made racial remarks towards him/her, and because it sounds like you may have to go to court for a hearing on this criminal harassment order request by your neighbor, I would recommend that you go to court before the date of the hearing, and fill out an affidavit (a sworn statement) that will articulate to the court that you deny each of the allegations alleged in the complaint for a harassment order. You may be wise to hire an attorney if this...