Jennifer L. DiCarlo’s Answers

Jennifer L. DiCarlo

Wakefield Real Estate Attorney.

Contributor Level 11
  1. Under a month-to-month lease, the lessee is required to give 30 days written notice. Is rent prorated if they leave mid-month?

    Answered 9 months ago.

    1. Julie Court Molloy
    2. Jennifer L. DiCarlo
    2 lawyer answers

    Massachusetts General Laws Chapter 186, Section 12 provides that tenancies at will may be terminated by either Landlord or Tenant "by three months’ notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, 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." In your case, where rent is payable each month, then the tenancy can only...

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  2. Do I need *all* owners in a condo association need to sign a 6D certificate for a refinance?

    Answered 10 months ago.

    1. Jennifer L. DiCarlo
    2. David R. Lucas
    2 lawyer answers

    Look to the governing condominium documents to determine what is called for. They will dictate how many trustees are required to execute documents such as 6(d) certificates. The other owner's lender could have some additional underwriting requirements if the condo docs are ambiguous or perhaps if the record is unclear as to who the trustees are. But, ultimately, the condo docs and the Condominium law govern.

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  3. If a tenant leaves there stuff and doesn't come back for it what can I do with it. They say they want it but don't come get it.

    Answered 11 months ago.

    1. Jennifer L. DiCarlo
    2. Constantine T Mariolis
    2 lawyer answers

    This is a challenging question and one that gets asked often around here. The problem with abandoned personal property is it's often not clear cut as to what the tenant is actually intending. Have they truly vacated the apartment or are they later going to claim that they were evicted from the rental by a landlord who engaged in self-help without utilizing the legal remedies available to them, namely the summary process action? I would tread cautiously if I were the landlord. Improperly or...

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  4. Neighbor's responsibility for snow clearing an easement

    Answered over 1 year ago.

    1. Jennifer L. DiCarlo
    2. Keith G Langer
    3. Hillary Johns
    3 lawyer answers

    The language of your easement is the best place to look regarding the rights and responsibilities that come with the easement. However, if your easement does not address the area of maintenance, and more specifically, snow removal, then there are some legal principles that come into play. One would be that you, as the easement holder, have the right and obligation to maintain the easement area. If the snow needs to be removed for you to use it, then you need to remove the snow. While the...

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  5. MY SON AND I WANT TO BUY A HOME, BUT WE BOTH WANT TO HAVE THE DEDUCTIONS ADVANTAGES FOR TAX PURPOSES ( INTEREST AND TAXES)

    Answered over 1 year ago.

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

    If you jointly own a home, you may both be able to deduct your expenses with respect to your respective shares in the property. But, before you enter into a purchase agreement for such big ticket item, you should consult with a certified public accountant to determine whether the reward is worth the initial expense and also as to what deductions and credits will be available to you. Best of luck!

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  6. Can I sue someone for not paying me back for not paying on time and not paying in full

    Answered over 1 year ago.

    1. Jennifer L. DiCarlo
    2. Keith G Langer
    2 lawyer answers

    Based on the facts you have provided, it sounds like you may have a case against the subletters. Of course, this all depends on what was memorialized in writing. Small claims court would be an affordable and speedy means to seek a judgment against them for the amount they owe and any additional damages you have occurred so long as the total claim is not more than the small claims maximum of $7000. Hopefully you can still find the subletters so that they can receive the small claims complaint...

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  7. Verbal notice 10/6/12 to vacate 10/31/12 landlord want to prorate my security deposite

    Answered over 1 year ago.

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

    Based on the very limited information, it sounds like you have received merely a request to vacate since your landlord has apparently failed to terminate your tenancy in writing. In order to terminate your tenancy, your landlord must follow various legal requirements including notifying you in wrting. It also sounds like your landlord may be trying to convert your security deposit into last month's rent. In order for your landlord to withhold any portion of your security deposit, if it is in...

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  8. What I need to do when during the initial short sale process is full of red flags related with the potential buyer and realtor?

    Answered almost 2 years ago.

    1. Jennifer L. DiCarlo
    2. Michael J. Tobin
    3. Erik Hammarlund
    3 lawyer answers

    It sounds like you should proceed with this transaction with more than an ounce of caution. In all the short sales I've participated in, the parties have been required by the seller's lender to sign an affidavit that states that the transaction is an arm's lenght's transaction and that the providing of false information could subject the parties to severe penalties. What you are describing sounds like anything but an arm's length transaction. If you have concerns, you may want an attorney...

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  9. Who will be ultimately responsible for repairs/ rebuild of toilet/ mold payments and hotel for unit owners below?

    Answered almost 2 years ago.

    1. Michael J. Tobin
    2. Jennifer L. DiCarlo
    2 lawyer answers

    You should request a copy of the master insurance policy from your condo ass'n or management company or at least obtain the contact info for the master insurer so that you can contact them directly for a copy of the policy. Review the policy for what it covers. Your individual policy may need to duke it out with the master policy as to what each one will cover. You may also want to speak with your condo ass'n as to the process they have in place for these kinds of claims. They may be able...

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  10. If an eviction notice has been sevred and the tenant is to leave premises by the 31st and she owes me 9100.00 in past rent shoul

    Answered almost 2 years ago.

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

    Your question seems to be lacking some facts. It sounds like you may have reached an agreement with your tenant. If that is the case, it should include how the parties are going to deal with last month's rent and the security deposit. Certainly it should be both parties' goal to reduce the amount that is owed to you for back rent, but often landlords waive their right to collect rent just so they can get the tenant to vacate the premises. Your attorney should review with you your handling...

    2 lawyers agreed with this answer