Jennifer L. DiCarlo’s Answers

Jennifer L. DiCarlo

Wakefield Real Estate Attorney.

Contributor Level 11
  1. I am disabled & me & my adult son are being evicted in boston,ma due to owner selling the house,

    Answered about 2 years ago.

    1. Jeffrey K. Varszegi
    2. Jennifer L. DiCarlo
    3. Jefferson W. Boone
    3 lawyer answers

    I think the problem here is that it sounds like the purchaser will be doing the condo conversion rather than the current owner so you might not be completely protected under the condo conversion law. You should bring everythign you have received to a landlord/tenant law attorney to get some legal advice. Even if the eviction is proper, based on your disability you may be entitled to a stay or postponement of the execution, which is the document issued by the court that ultimately allows the...

    3 lawyers agreed with this answer

  2. Is the landlord liable for scracting tenants car with a tool would i be covered under home owners

    Answered almost 3 years ago.

    1. Philip W. Mason
    2. Jennifer L. DiCarlo
    3. Erik Hammarlund
    4. Shawn B Alexander
    4 lawyer answers

    Unfortunately, you are liable for the damage you caused to your tenant's property. In fact, the availability of a homeowner's insurance policy doesn't remove your liability; it just pays for it if the particular loss is insured against. In this case, you should review your policy and consult with your agent to determine whether your existing policy covers damage to a tenant's property. My bet is that you would want to know this anyway so that you can arm yourself better against future...

    3 lawyers agreed with this answer

  3. 5 siblings own a piece of property. Can it be sold by simple majority vote?

    Answered 7 months ago.

    1. Jennifer L. DiCarlo
    2. Michael A. Satterwhite
    3. Joshua N Robbins
    4. Alan J Pransky
    5. Thomas C. Marino
    5 lawyer answers

    However you and your siblings reach on agreement to sell is up to you, but ultimately the purchase and sale agreement and the deed transferring the property to the buyer will need to be signed by all of the owners. You cannot compel them to sell the property or sign the deed short of court intervention. One way to force a sale is by filing a partition to partition, but this is costly and very time consuming. The buyer would likely walk rather than await a court order forcing the sale. One...

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  4. False advertising of rental parking privileges

    Answered almost 3 years ago.

    1. Jennifer L. DiCarlo
    2. Erik Hammarlund
    3. Bruce E. Burdick
    4 lawyer answers

    It sounds like you may have a breach of contract claim under the original lease since you were promised and paid for a parking space and were ultimately deprived of that during the lease term. Unfortunately, you may have waived that right by agreeing to park on the street. Consultation with an attorney along with review of your lease may be help you in determining whether or not you have a valid claim. If you have signed the new lease and the provision of a parking space is nowhere in the...

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  5. Is there any legal action I can take against this person?

    Answered over 1 year ago.

    1. Jennifer A Deland
    2. Jennifer L. DiCarlo
    2 lawyer answers

    It sounds like you're not sure who this person is and whether they are a fellow owner of a home in your association or a complete stranger to it. If the former, your association probably, or should, have a set of rules and regulations governing such matters that you should refer to. If that isn't the case, the first step would probably be to have a friendly conversation with the trespasser and to requst that, at a minimum, they clean up after their offending pet. If it escalates and you...

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  6. Is the "lender" responsible for proving a deed when a property is bought?

    Answered almost 2 years ago.

    1. Laurel H. Siegel
    2. Todd Allen Davidson
    3. Jennifer L. DiCarlo
    3 lawyer answers

    2 things: 1) you can acess your deed by going to the Registry of Deeds for the county in which the property is located and purchasing a copy (usually $1.00/page) or by downloading a copy from their website (some registries require a subscription to actually download a copy, but you shoudl be able to view it) or by requesting a copy from the Registry by mail (send them a self-addressed stamped envelope with your request and the appropriate fee and be sure to provide them with book and page...

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  7. Will a municipal lien cause a short sale to fall through?

    Answered 6 months ago.

    1. Venessa Masterson
    2. Jennifer L. DiCarlo
    2 lawyer answers

    Your representative or short sale negotiator should obtain figures from the municipality, including accrued interest, through the projected closing date and prepare a settlement statement that includes these figures as well as the rest of your closing costs and provide this to your lender(s) for their review and approval. Some lenders will have limits on what costs they will absorb. But, in any event, the municipal liens and any other outstanding liens will need to be released in order for...

    2 lawyers agreed with this answer

  8. I'm a tenant being evicted. If my landlord receives a judgement for me to pay the rest of my rent and I don't, then wha

    Answered 11 months ago.

    1. Henry Lebensbaum
    2. Jennifer L. DiCarlo
    3. Cheryl Rivera Smith
    3 lawyer answers

    Your landlord will become a creditor and may pursue legal remedies against you, including supplementary process, which is another court action a creditor can pursue to collect on a judgment. You should seek legal assistance to determine whether or not you may have defenses you can raise to mitigate your damages. Best of luck.

    2 lawyers agreed with this answer

  9. How can I find a place to rent with an eviction?

    Answered 12 months ago.

    1. Jennifer L. DiCarlo
    2. Erik Hammarlund
    2 lawyer answers

    First off, I am so sorry about your situation and hope that things will improve quickly for you. Your question leaves out some important details. Were you able to reach an agreement for judgment that allowed you to stay in the rental while agreeing to a payment plan? This agreement is something that would have been filed with and allowed by the court. If so, did you breach the payment plan causing your landlord to move forward with your removal from the rental? A landlord cannot simply...

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  10. Is it better to call a home developer or write him if he made bad decisions regarding his storm water management plan?

    Answered 12 months ago.

    1. Ernest H Hyde
    2. Jennifer L. DiCarlo
    3. Ruth Elaine McMahon
    4. Thomas C. Marino
    4 lawyer answers

    If any permitting or town approvals have been given for the development you should obtain a copy of the relevant files to see what has been approved and how it compares to what is actually happening on the ground. You may be able to request a cease and desist order from the building inspector/building department if there has been noncompliance. But, since you are going to be neighbors, it may make more sense to go the less adversarial route and right a letter to the developer. If the...

    2 lawyers agreed with this answer