Jennifer L. DiCarlo’s Answers

Jennifer L. DiCarlo

Wakefield Real Estate Attorney.

Contributor Level 11
  1. The monthly rent for store is 975.00 a month.Contract states Tenant's fractional Share at 5.5% of building.

    Answered almost 2 years ago.

    1. Jennifer L. DiCarlo
    2. Erik Hammarlund
    3. Peter Joseph Sturgeon
    3 lawyer answers

    With commercial tenancies, the answer typically is yes, insurance, taxes, utilities, etc. are shared expenses. But, you would have to look to the terms of your lease and discuss how you are to be billed for these items with your landlord. Commercial tenancies are much more flexible in terms of what and how the burden for expenses like you have mentioned can be shouldered by the tenant.

    5 lawyers agreed with this answer

  2. Can the landlord evict me if I have a bed bug problem

    Answered almost 2 years ago.

    1. Jeffrey K. Varszegi
    2. Jennifer L. DiCarlo
    3. John K Lassen
    3 lawyer answers

    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.

    5 lawyers agreed with this answer

  3. Is it illegal to cash a check but then never report a bill as paid?

    Answered 4 months ago.

    1. Jennifer L. DiCarlo
    2. Michael A. Satterwhite
    3. Gregory John Barry
    3 lawyer answers

    Officers and trustees of condominiums owe a fiduciary responsibility to unit owners meaning that they must take care and act responsibility with respect to trust funds. In your case, knowing what you now know, I recommend that you keep a copy of everything you remit to your association and, where caution permits, send things by certified mail return receipt requested, keep an accounting of all monies remitted and, furthermore, request an accounting for your unit so you can determine what funds...

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  4. I live in Massachusetts and filed a Homstead deed when I re-financed my home about 10 yrs. ago.

    Answered 8 months ago.

    1. Jennifer L. DiCarlo
    2. Michael J. Tobin
    3. Steven Kelsey Hemingway
    3 lawyer answers

    So long as there has been no change in title and if your homestead was filed correctly and it accurately identifies you and the property (which must be your primary/principal residence) then there is absolutely no need to file another one. A recent change in the law covers just this scenario. If you are unsure about the status of your homestead or are second guessing how it was filed, simply download a copy from the Registry of Deeds serving the area where the home is located and have an...

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  5. Can i ask tenant to put electric and gas in her name or shut it off cause she is not paying rent and that's included in rent

    Answered 8 months ago.

    1. Jennifer L. DiCarlo
    1 lawyer answer

    Absolutely not. By law, you are prohibited from interfering with your tenant's utilities. That said, if your tenant is not paying her rent, your best course of action may be to terminate her tenancy for nonpayment of rent. I don't recommend that you go about this without legal assistance as navigating the eviction process is extremely technical and one foul up could cost you thousands. Just think, winter is coming, utilities are your responsibility and rent is not being paid. Not a good...

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  6. I've been in a year long battle with my landlord in the courts for repairs, etc. Recently I changed jobs

    Answered over 1 year ago.

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

    A judgment in a summary process action must be appealed by filing a notice of appeal with the court within 10 days of entry of the judgment. This will stay the issuance of the execution. There also may be various motions available to you. Otherwise, an execution issues 10 days after entry of the judgment. The court must issue the execution within 90 days of entry of the judgment. Once it is issued, an execution for possession remains valid for 90 days. Stays of execution are often...

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  7. Children forced to remain in the bathroom, undress, pee, takes showers despite their requests ( for our landlord to leave.

    Answered almost 2 years ago.

    1. Brian Lipkin
    2. Jennifer L. DiCarlo
    2 lawyer answers

    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...

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  8. My landlord said he wants me out by nov 1 2012 and i have 2 children 8,11 but i havent found another place yet

    Answered almost 2 years ago.

    1. Jennifer L. DiCarlo
    2. Jeffrey K. Varszegi
    3. Erik Hammarlund
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    Presuming you are renting in Massachusetts, it sounds like your tenant may have terminated your tenancy and nothing more. But, even if that is so, their are still strict requirements your landlord must comply with in order to have actually terminated it. Also, termination of your tenancy by way of a notice to quit is just the first step in the eviction process. If you do not vacate by the termination date, your landlord will have to file a summary process case to have you evicted by the...

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  9. Do i have the right to enter rented property to maintain yard if tentant is not? and do i need to give him 24 hours notice?

    Answered almost 2 years ago.

    1. Jennifer L. DiCarlo
    2. Gary S. Sinclair
    2 lawyer answers

    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...

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  10. DO I have legal right to vacate a tenant from a property I am buying?

    Answered 3 months ago.

    1. Steven Kelsey Hemingway
    2. Thomas C. Marino
    3. Jennifer L. DiCarlo
    4. Deborah Gwen Roher
    5. Michael J. Szklasz
    5 lawyer answers

    The first question to ask is what are the terms of the tenants' rental agreement. This will dictate your rights. If you must have the property vacant at the time of closing then the offer you make on the property should reflect this requirement. The sellers will then either accept this condition or not and, if so, they'll be responsible for delivering it vacant, which means they'll have to undertake the efforts of terminating the tenants' tenancy. I highly recommend that you hire a real...

    4 lawyers agreed with this answer