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Jennifer L. DiCarlo

Jennifer DiCarlo’s Answers

110 total


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

    The deed does not specify 'Survivor Rights' So, with the"Tenants in Common with Quick Claim Covenants" what will happen to the property if one of us dies? Will it automatically transfer to the survivor or will his/my half go to the deceased' heir...

    Jennifer’s Answer

    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.

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

    MA deed. How much would this cost?

    Jennifer’s Answer

    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 not actually effectuate your intent. Also, sometimes it's good to consult an attorney for the sheer fact that they may think of something you haven't. Finally, you should know that if there is a mortgage on the property, you will have to take that into consideration as most mortgages specify that you cannot transfer title to the property - and what you describe is a transfer of title - without the risk of triggering the mortgage's acceleration clause - something I'm sure you would want to avoid. Best of luck to you.

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  • Can I shorten my tenant's lease on my Massachusetts rental property?

    I have had these tenants since 11/1/2011 and did re-sign a new lease with them this past November 2012 but the tenants have been consistently late up to 2 weeks with their rent and disregard the late fee I have stated in the lease, repeated phone ...

    Jennifer’s Answer

    • Selected as best answer

    How you terminate the tenants' tenancy is governed by the express terms of the lease. If you are unsure how to do this, you shoudl bring your rental documents to a landlord/tenant attorney for review and advice. Regarding the facts you have stated, while you are entitled to the prompt payment of rent, in this market, I can't say you are bad off if your tenants are otherwise current but a little late on rent payments. But, you have a business decision to make. Sometimes sending a notice to quit for nonpayment as soon as your tenant is late sets the tone for the parties' expectations. But, you still may want to consult with an attorney in case your tenants have cause for delaying payment. Also, in Massachusetts a late payment fee is not permissible unless and until the rent is late 30 days. Mere late payment of rent does not trigger a late fee. Therefore, your tenants are justified in not paying one.

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  • Roof leakage

    In 2011 condominium hired a contractor to replace a roof on building , where my townhouse is .Under my window the wood ( part of the roof) was damaged due to water leakage. Condominium management told me , contractor must to remove my window in o...

    Jennifer’s Answer

    My gut reaction, without taking a look at your condominium's governing documents, is that the association is responsible for making repairs to damage caused by work on the common elements, if the roof is a common element, which I suspect it is. My instinct is that the association is pushing back on you. Notwithstanding, it sounds like you are experiencing 2 issues. One is that the walls of the interior were damaged. The second is that water is still leaking from what sounds like a bad or negligent repair job. In either case, you may have a claim against the insurance for the property. It may be helpful for you to send a certified letter to the association demanding repair and that if the repair is not initiated you will file a claim with the master insurance. The association may want to avoid any claims against the insurance and may attempt to advocate on your behalf by having the roofer come back in and correct the damage. The work they did is probably warranted. You should request a copy of the contract for the roofing work to see what's covered. After all, it's your condominium fees that paid for the job. The window leak will probably be easy to get some relief on. The wall damage may prove more difficult. Best of luck to you.

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  • Is it negligence if our real estate lawyer did not refer to the MLS listing when writing the P&S agreement?

    Our lawyer missed an important piece of information on the MLS listing that wasn't on the offer when they to wrote the P&S for the property we bought. The closing documents were also missing that information. As a result we incurred legal fees whe...

    Jennifer’s Answer

    Generally an attorney relies on the accepted Offer to Purchase Real Estate form to draft and/or negotiate the provisions included in the Purchase and Sale Agreement. However, because buyers and sellers do not typically consult with attorneys at the pivotal offer stage of a real estate transaction, important key terms and contingencies may be left out. In every transaction I handle, I always ask for all relevant docuemnts and disclosures and download my own copy of the MLS listing and most recent recorded deed so that I can ascertain whether or not there are any unique issues affecting the property and also for basic information like whether or not the property is served by a septic system or has an oil tank. In your case, whether or not you have a claim against your former attorney depends on whether or not they had the relevant information and chose to ignore it or completely missed the ball on something they should have looked into. You may want to broach the subject with them to see if they're willing to reimburse you for some of your additional expense.

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  • Apartment rental agreement, what can I do in this case?

    Hello, I have to my current apartment last October. It is furnished and the contract states that it is a 6 months rental. I told the landlord (and I have the email too) that I may stay longer depends on some paper work I waiting for before I leav...

    Jennifer’s Answer

    A phone call from a landlord will do nothing to terminate your tenancy. Pursuant to Massachusetts General Laws Chapter 186, Section 12, a landlord must terminate a tenancy in writing and the timing of such notice depends on how frequently you pay rent. If you pay rent on a monthly basis, ,"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." Further, the notice must be unequivocally clear. The notice is simply the first step of termination. If you do not leave by the deadline set forth in the notice, your landlord can commence eviction proceedings, but it will be weeks before you get into court. It sounds like your landlord isn't terminating your tenancy for cause so you may be limited with respect to defenses and counterclaims. But, it may be worth consulting with an attorney to help you negotiate additional time in the rental. Also, an attorney can help evaluate whether your landlord is taking retaliatory action against you.

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  • Neighbor's responsibility for snow clearing an easement

    I have an easement across my neighbor's property, their deed states "Said lot is conveyed subject to an easement for the benefit of the owners of lot 43A (THAT WOULD BE ME) to pass and repass on foot and in motor vehicles ...." Does my neighbor ...

    Jennifer’s Answer

    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 owner the land burdened by the easement doesn't have to remove snow to give you access, they certainly can't pile it up or otherwise obstruct the pathway to prevent your use of it. It sounds like you were able to reach an agreement with the former owner, you should try to do the same with the new owner.

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

    I'm a home owner of a townhouse in a condo association. There has been a person who takes out their dog around the side and the back of my yard ,which is private property. , I have frequently found dog feces around these areas. Additionally I hav...

    Jennifer’s Answer

    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 still don't know the identity of the trespasser, you may need to involve the authorities to get their name and address so that you can file a civil suit for nuisance and/or trespass. While you may have legal recourse that would likely waste you time and money, my frank advice is that you have a candid, but gentle, conversation with the individual. If you can calmly handle the matter, you'll likely embarass the individual into taking another route with their pet.

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

    HOW CAN THIS BE DONE

    Jennifer’s Answer

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

    I moved out at the end of August and my landlady stopped communicating with me in the middle of september regarding my deposit. I made numerous calls, sent emails(our primary form of communication) and sent a certified letter via mail which she si...

    Jennifer’s Answer

    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 only get paid if the tenant gets paid. We only require that the tenant shoulder the small claims filing fee, which varies depending on the size of your claim.

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