Jennifer L. DiCarlo’s Answers

Jennifer L. DiCarlo

Wakefield Real Estate Attorney.

Contributor Level 11
  1. 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 about 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

  2. Our question: "is it legal I am one month late on my rent payment, my landlord put for rent signs outside my unit, advertising m

    Answered over 2 years ago.

    1. Jeffrey K. Varszegi
    2. Brandy Ann Peeples
    3. Jennifer L. DiCarlo
    4. James F. Landergan
    5. Rixon Charles Rafter III
    5 lawyer answers

    Although I agree with the answers of my colleagues, I would like to add that your landlord will have to undertake legal methods to terminate your tenancy and have you removed from the property if you do not go willingly and if you do not cure your default. That means that they will have to serve you with the proper notice to terminate your tenancy. Depending on the circumstances and your type of tenancy, you may have an opportunity to cure the default by paying what you owe. If you don't...

    2 lawyers agreed with this answer

  3. How long is an extension when a tenant has received his execution letter in Massachusetts?

    Answered over 2 years ago.

    1. Jennifer L. DiCarlo
    1 lawyer answer

    Technically your tenant cannot request a stay of execution where he was evicted for nonpayment, but a court may invoke equitable powers anyway and hear his request for a stay. Under Mass. General Laws Chapter 239, Section 9, a tenant whose tenancy has been terminated through no fault of his own may request a stay of execution for up to 6 months or, if the tenant is disabled, for up to 12 months. But, the tenant will likely be ordered to pay retn during the period of stay. In any event, a...

    2 lawyers agreed with this answer

  4. Bought flipped house wiring bad, dryer vent sidded over and ports for phone and cabble never wired anything I can do?

    Answered over 2 years ago.

    1. Jennifer L. DiCarlo
    2. E. Alexandra Golden
    3. Todd Allen Davidson
    3 lawyer answers

    Take your purchase and sale agreement, home inspection report, multiple listing sheet and any other seller disclosures or information regarding the property to an attorney to determine what your rights are.

    2 lawyers agreed with this answer

  5. My daughter agrees that it is best that I take back the property she purchased from me 15 yrs ago.

    Answered over 2 years ago.

    1. Jennifer L. DiCarlo
    2. E. Alexandra Golden
    3. Erik Hammarlund
    3 lawyer answers

    Your daughter can deed the property back to you. The deed must state any amount, also known as consideration, that you receive in exchange for the property. If you are not paying her for the property than the deed can simply state that she is transferring it to you for $1.00 so as not to trigger the state excise tax, also known as the stamp tax. If you are compensating her for the property then the excise tax will be triggered and there may be capital gains tax for your daughter to take into...

    2 lawyers agreed with this answer

  6. Can a developer legally prohibit a home owner from posting a for sale sign?

    Answered over 2 years ago.

    1. Thomas J Callahan
    2. Jennifer L. DiCarlo
    2 lawyer answers

    Read your restrictive covenants very carefully. A lot of times, as is the case commonly with condominium complexes, so long as the developer retains property in the development, they have the right to market the individual properties for sale. Their rights are often not completely in synch with those of owners who have already purchased in the development. They tend to have greater rights. The developer obviously doesn't want to compete with existing homeowners and they certainly don't want...

    2 lawyers agreed with this answer

  7. Can I hold my landloard liable for damage to my vehicle caused by rats?

    Answered almost 3 years ago.

    1. Jennifer L. DiCarlo
    2. Todd Allen Davidson
    2 lawyer answers

    You present a unique question the answer to which would likely depend on whether or not your landlord's acts or omissions contributed to the presence of rats and what protections your landlord offered in your agreement with him. Given that landlord/tenant law mainly governs living quarters, your claims, if any, are likely goverend by contract law. Have you reported the problem to your landlord and asked for reimbursement for your loss? If not, this is the first step you should take and...

    2 lawyers agreed with this answer

  8. Have a tenant renting one bedroom in a three bed room apt the other two tenants left what are my rights about interring apt

    Answered about 1 year ago.

    1. Jennifer L. DiCarlo
    2. Steven Matthew Ayr
    2 lawyer answers

    Your rights depend on the terms of the rental agreement you entered you. Depending on the terms of the agreement, the remaining tenant may be responsible for the rent in its entirety. But, without knowing more about your situation, it's hard to tell. I would caution you about renting room by room as you may be operating an illegal rooming house, which can have serious consequences. That said, you may want to take your lease or rental agreement to an attorney along with a detailed summary of...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. With an easement or access to property behind mine do I have to allow people who do not live there access to my driveway?

    Answered about 2 years ago.

    1. Jennifer L. DiCarlo
    2. Mark L Scheier
    3. Phil A. Taylor
    4. Todd Allen Davidson
    4 lawyer answers

    First and foremost, you must look to the actual terms of the easement. You should obtain a copy of it and review it for the parties' rights and obligations. If the easement is silent on certain uses and responsibilities, those will be filled in by default provisions of Massachusetts law if a dispute were ever to get to court. That said, typically an easement holder's rights would extend to their guests and invitees and the easement holder can make reasonable use of the easement. If the...

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  10. I am selling a condo and require a 6 d certificate. My condo closing date is august. The condo assoc said it wont give it to me

    Answered 4 months ago.

    1. Jennifer L. DiCarlo
    1 lawyer answer

    Most parties in a real estate transaction involving a condominium will come to some form of agreement on upcoming special assessments. If I were representing the buyer, I would request the disclosure of upcoming special assessments so that my client can be made aware of them and potentially negotiate for their payment. You should look to your purchase and sale agreement regarding your particular agreement on this point. Absent negotiation on the special assessment, the default in some...

    1 lawyer agreed with this answer