Jennifer L. DiCarlo’s Answers

Jennifer L. DiCarlo

Wakefield Real Estate Attorney.

Contributor Level 11
  1. Apartment rental agreement, what can I do in this case?

    Answered over 1 year ago.

    1. Jennifer L. DiCarlo
    2. Christopher W. Vaughn-Martel
    2 lawyer answers

    A phone call from a landlord will do nothing to terminate your tenancy. Pursuant to Massachusetts General Laws Chapter 186, Section 12, a landlord must terminate a tenancy in writing and the timing of such notice depends on how frequently you pay rent. If you pay rent on a monthly basis, ,"the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer." Further, the notice must be unequivocally clear. The notice is...

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  2. Can my landlord evict me??

    Answered almost 2 years ago.

    1. Christopher Saccardi
    2. Jennifer L. DiCarlo
    3. Gary S. Sinclair
    4. Patrick Bull
    5. Rixon Charles Rafter III
    5 lawyer answers

    A few questions for you that will determine your situation: 1) Do you have a lease or a tenancy at will? 2) Did the notice to quit specify a reason for the termination such as nonpayment of rent? 3) Have you recieved a notice to quit for nonpayment of rent in the last 12 months? 4) Does the notice to quit specify a vacate date of 10/27/12? If you have a written lease that is being terminated for nonpayment of rent, you are entitled to cure the breach by paying the amount due on or...

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  3. Does Landlord have to tell me who is making complaints against me?

    Answered about 2 years ago.

    1. Jennifer L. DiCarlo
    2. Erik Hammarlund
    3. Jeffrey K. Varszegi
    4. Joshua N Robbins
    4 lawyer answers

    You have not provided the subject or details of the complaint made by your neighbor. You should concerned about the contents of the complaint and subject matter of the complaint than with who is making it. The matter will likely only escalate if it pits the management against other tenants. I'm not sure reasonable accommodations can extend to the type of request you are making. You should seek advice and assistance from a legal services entity. There are plenty in the Boston area. Having...

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  4. My husband is deceased and and owns a small lot in florida i want to sell it but only his name is on the deed.

    Answered about 2 years ago.

    1. Jennifer L. DiCarlo
    2. Todd Allen Davidson
    3. Brynn Sullivan Zawada
    4. Jennifer A Deland
    4 lawyer answers

    Unfortunately, you have provided very limited facts to provide you with a proper answer. I can tell you will likely have to probate your late husband's estate and potentially in both Massachusetts and Florida. You should contact a probate/real estate attorney in Florida and have them review your situation. Selling the property is not as simple as it sounds if the property was solely in his name. You may need to obtain a license to sell it from the probate court and, if there was a will, the...

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  5. Can I shorten my tenant's lease on my Massachusetts rental property?

    Answered over 1 year ago.

    1. Jennifer L. DiCarlo
    2. Jon W. E. Rockwood
    3. Christopher W. Vaughn-Martel
    4. Henry Lebensbaum
    4 lawyer answers

    How you terminate the tenants' tenancy is governed by the express terms of the lease. If you are unsure how to do this, you shoudl bring your rental documents to a landlord/tenant attorney for review and advice. Regarding the facts you have stated, while you are entitled to the prompt payment of rent, in this market, I can't say you are bad off if your tenants are otherwise current but a little late on rent payments. But, you have a business decision to make. Sometimes sending a notice to...

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  6. Looking to purchase a home with a shared driveway, ther is a declaration of easement. It is priced very well.

    Answered over 2 years ago.

    1. Jennifer L. DiCarlo
    2. Thomas J Callahan
    3. Erik Hammarlund
    3 lawyer answers

    You are right to be concerned with an easement. Easements and rights of ways can be the source of many problems between landowners. But, they are also a practical means of dealing with access and boundary disputes. A properly drafted easement should address the location and dimensions of the easement, who has rights in it, the allowable uses in the easement area and any restrictions on use, identifes those with an obligation to maintain it and at the expense of whom, and if and how the...

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  7. Can my landlord keep the entire last months rent if we leave mid month on the last month of our lease?

    Answered about 2 years ago.

    1. Jeffrey K. Varszegi
    2. Jennifer L. DiCarlo
    3. Brandy Ann Peeples
    4. Rixon Charles Rafter III
    5. Todd Allen Davidson
    5 lawyer answers

    Your first step should be to review your lease agreement and any subsequent written agreements you may have entered with your landlord. Some landlords specifically include a clause regarding early move-outs and the tenant's obligation to pay all rent even in light of the fact that they have moved out a few days or weeks early. If such a provision exists in your lease that my give you a clue into your landlord's mindset on the issue. That said, you and your landlord have already to modify the...

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  8. I am looking for advice regarding a family member that has abandoned a piece of Massachusetts family real estate. Thank you

    Answered 5 months ago.

    1. James Ostendorf
    2. Jennifer L. DiCarlo
    3. Estela Matta
    4. Michael J. Szklasz
    5. Steven Kelsey Hemingway
    6. ···
    6 lawyer answers

    If you can show that you have an interest, present or future, in the property, you may have standing to assert a claim against the record owner for waste of the property and request a court to order that title revert in your name (or potentially in a class of persons sharing your interest). This is not easy and requires court action if the record owner does not consent to a transfer of title. Litigation can be lengthy and expensive. I recommend that you consult with a real estate attorney...

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  9. How can I take my ex-boyfriend's name out of the Title Deed? He's a foreigner and does not pay the mortgage.

    Answered almost 2 years ago.

    1. Jennifer L. DiCarlo
    2. Thomas J Callahan
    3. Anjali Gupta Stevenson
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    Unfortunately, absent court intervention, you cannot unilaterally remove his name from the title to the property. You can seek to have the property partitioned, but this would likely result in a sale of the property to a third party. In order to do this, you would have to file a petition for partition in either the Land Court or the applicable Probate Court. The process is very costly and time consuming. There may not even be equity enough in the property to warrant a partition. Your best...

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  10. I am a tenant with a lease in a foreclosed home. My brother was the previous owner. What are my rights?

    Answered almost 2 years ago.

    1. Jeffrey K. Varszegi
    2. Jennifer L. DiCarlo
    3. Erik Hammarlund
    4. Rixon Charles Rafter III
    4 lawyer answers

    You may have rights under the Protecting Tenants at Foreclosure Act (PTFA). Once the new owner takes ownership, a 90 day notice needs to be served on all of the occupants. The notice requires the occupants to provide proof that they are bonafide tenants and not somehow related to the former owner who was foreclosed. If they are bonafide tenants and can prove this, then they are afforded the protections of the PTFA. They can remain in the premises under their lease, if there is a lease,...

    5 lawyers agreed with this answer