Jennifer L. DiCarlo’s Answers

Jennifer L. DiCarlo

Wakefield Real Estate Attorney.

Contributor Level 11
  1. Am I entitled to treble damages for landlord not providing a deposit bank statement and/or for charging an illegal pet deposit?

    Answered 11 months ago.

    1. Jennifer L. DiCarlo
    2. Jefferson W. Boone
    3. Michael J. Szklasz
    3 lawyer answers

    From the information you provided, it sounds like you are still in possession of the premises you rented. If that is the case, you are entitled at this point to the immediate return of your security deposit and the illegal pet deposit and would need to make a written demand for this. If after the demand is given, your landlord refuses to return the funds to you, then you would be entitled to file a claim in court for their return and would, at that time, be entitled to treble damages,...

    4 lawyers agreed with this answer

  2. Can my landlord go up on rent in the middle of my signed lease with them?

    Answered over 1 year ago.

    1. Erik Hammarlund
    2. Jennifer L. DiCarlo
    3. Michael S. Gove
    4. Anthony Rao
    5. Matthew William Hoffmann
    5 lawyer answers

    The answer depends on the type of tenancy you have. It could be that what you are perceiving to be a lease for a specified term is a tenancy at will that has been memorialized in a written rental agreement. If that's the case, then increases in rent are permissible so long as the landlord follows certain procedures. Look at the terms of the written contract to determine what the status of your tenancy is. If you truly have a lease for a specified term, then your landlord cannot raise the...

    4 lawyers agreed with this answer

  3. What legal course of action can I take (sans a suit) to reinstate my name as a grantee back on the original deed for a condo?

    Answered over 1 year ago.

    1. Jennifer L. DiCarlo
    2. Thomas J Callahan
    3. Constantine T Mariolis
    4. Helen Partlow
    4 lawyer answers

    Assuming your situation takes place in and involves property in Massachusetts, a co-owner cannot unilaterally remove another co-owner from title to the property. I recommend you obtain a copy of the current deed for the property to see exactly what happened. Perhaps there was a fraudulent transfer? Copies of deeds are, for the most part, readily available for electronic viewing at the various Registry of Deeds websites. Once you've taken a look at the deed and if you are still concerned,...

    4 lawyers agreed with this answer

  4. On our house deed it states "Tenants in Common, with Quick claim Covenants".

    Answered about 2 years ago.

    1. Emma A. Kremer
    2. Jennifer L. DiCarlo
    3. Alex R. Hess
    4. Michael Charles Doland
    5. Henry Lebensbaum
    5 lawyer answers

    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.

    4 lawyers agreed with this answer

  5. My father would like to put myself (son) on the deed to the house, does he need to obtain an Attorney to do so?

    Answered about 2 years ago.

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

    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...

    4 lawyers agreed with this answer

  6. Is it legal for my landlord to make me leave 10 days before term or he won't give me my security deposit?

    Answered over 2 years ago.

    1. Erik Hammarlund
    2. Patrick Bull
    3. Jennifer L. DiCarlo
    4. Harvey Alford
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

  7. My mother wants to remove her name from home and give to adult son with mortgage payment

    Answered 11 months ago.

    1. Jennifer L. DiCarlo
    2. Steven Kelsey Hemingway
    2 lawyer answers

    Your mother can simply deed you the property. However, the only way to have her removed from the mortgage and the underlying note and you added is if you refinance the property or if the lender holding the present note allows you to assume the note. If your mother deeds you the property without obtaining her lender's consent, she will likely be in breach of the mortgage. Most mortgages contain acceleration clauses, which are triggered by certain transfers of title. There are many things you...

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  8. In a life estate between two parties, if one moves away, how long before the life estate is void?

    Answered 6 months ago.

    1. Laurel H. Siegel
    2. Jennifer L. DiCarlo
    3. Paul David Lambert
    4. Steven S. Bloom
    4 lawyer answers

    Unless the instrument creating the life estate states otherwise, a life estate is an exclusive possessory interest in property that terminates when the life estate holder dies. Simply moving from the property does not extinguish the interest. That said, if a life estate holder is committing waste of the property, the remaindermen (holders of the remaining interest in the property that fully accrues upon the death of the life estate holder) could bring an action against the life estate holder...

    3 lawyers agreed with this answer

  9. My mothers deed to her house is in a tenants in common to her children. Can the house be taken by a nursing home?

    Answered about 1 year ago.

    1. Jennifer L. DiCarlo
    2. Estela Matta
    3. Erik Hammarlund
    3 lawyer answers

    You should have an attorney review the deed to confirm whether or not it matches your understanding of who currently holds title to it. If your mother holds it as a tenant in common with her children then there could be implications. Even if she deeded it outright to her children there could be implications as MassHealth has a look-back period for determining long term care eligibility. If the home was transferred too recently, she could be disqualified for eligibility for a certain period of...

    3 lawyers agreed with this answer

  10. Can a landlord use the excuse of 'family issues' to justify not returning a security deposit for over 60 days?

    Answered over 2 years ago.

    1. Christopher Saccardi
    2. Jennifer L. DiCarlo
    3. Thomas J Callahan
    4. Erik Hammarlund
    5. Christopher W. Vaughn-Martel
    6. ···
    6 lawyer answers

    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...

    3 lawyers agreed with this answer