Jennifer L. DiCarlo’s 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...

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,...

Based on the facts you have provided - NO! The security deposit is your money and under the law your landlord can retain it only in limited circumstances. In fact, after you vacate, if your landlord fails to return any portion that must be legally returned to you within 30 days, he may be subject to triple damages, attorney's fees and costs. You may also have a claim for part of the rent you paid during the month there was no heat depending on whether or not you can prove your claims. If...

Based on the limited facts you've provided, the short answer is no unless they have unequivocal proof that you caused the problem and that would be extremely difficult to prove. In buildings containing 2 or more units, the state sanitary code requires the landlord to exterminate. You should report the persisting problem - in writing - and you may also want to report the problem to the local board of health and have them do an inspection if you fear a retaliatory eviction by your landlord.

Without addressing the issues concerning your children, your landlord is only entitled to keep your security deposit or any portion of it in very limited circumstances. Unless he has complied with the various requirements including, but not limited to, providing your receipts for the SD, placing the SD in a separate interest bearing escrow account within a specific timeframe and giving you its location, and providing you with a written statement signed under the penalities of perjury...

Based on the limited facts you have provided, you must give the tenants reasonable notice prior to entering the premises short of an emergency situation. According to Massachusetts General Laws Chapter 186, Section 15B, a landlord may only enter the rented premises according to a lease subject to certain limitations, or in accordance with a court order, if the premises appear to have been abandoned or to inspect within the last 30 days of the tenancy after either party has given notice of...

Based on the limited facts you have provided, I can tell you that absent language specifying that the property is held as joint tenants with right of surviroship or as tenants by the entirety (if the co-owners are married to each other), then there is a tenancy in common. In that situation, when one co-owner dies, that co-owner's heirs at law or devisees under a will would inherit their interest in the property. The deceased's estate would need to be probated.

The drafting of a deed is not a very involved task for a lawyer to undertake. I can't imagine an attorney charging you more than a couple of hundred dollars. I frequently draft deeds as part of my real estate practice. In addition to the legal fee, there is also the recording fee of $125 charged by the Registry of Deeds and sometimes an additonal postage fee charged by them. I do not recommend that you draft the deed yourself. If would be a shame if you did and then the final product did...

Based on the facts you have provided, I would recommend that you engage the services of a landlord / tenant law attorney and move forward with a claim for violation of the security deposit law, which is very cut and dry. There are very limited circumstances in which a landlord can withhold a security deposit or any portion of it and if they do so illegally, may be subject to triple damages, attorney's fees and court costs. My office routinely handles these kinds of claims on a contingency. I...

A landlord is not required to utilize a constable to serve a notice to quit although it is good practice. Mailing the notice or leaving it your door is just fine. The contents of the notice and their legality is another issue altogether and you may want to consult with an attorney to determine your rights and obligations. The summary process summons and complaint may be served by a sheriff or their deputy or by any person authorized by law, such as a constable. If service of the summary...