Jennifer L. DiCarlo’s Answers

Jennifer L. DiCarlo

Wakefield Real Estate Attorney.

Contributor Level 11
  1. My mother was ordered to buyout my sisters share of our property 25%, now she asking me to sign a quitclaim deed

    Answered 7 months ago.

    1. Jennifer L. DiCarlo
    2. E. Alexandra Golden
    3. Christopher W. Vaughn-Martel
    4. Stephen Clark Harkess
    5. Shelley Ann Elder
    5 lawyer answers

    Yes, a quitclaim deed when executed transfers some interest in real estate depending on what's specified in the particular deed. Having not reviewed the deed, I can't tell you what interest your sister would be quitclaiming. Presumably she has an attorney who is representing her in the lawsuit who has reviewed the court's judgment and can then review the deed. If your mother was ordered to buy out your sister's interest then there would have to be a transfer of funds or some other...

    1 lawyer agreed with this answer

  2. Neighbor built a deck is very closed to my fence or property line... how many feet should deck set back in MA?

    Answered 7 months ago.

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

    Setbacks are governed by your municipality's zoning bylaw or ordinance. I suggest you get a copy from your local building inspector or zoning enforcement officer. Even so, your neighbor may have obtained zoning relief from your municipality allowing him to locate his deck within the setback area. Also, stairs and certain other components are often not calculated for determining proximity to setback areas. Again, refer to your zoning bylaw or ordinance. If it turns out that your neighbor has...

    1 lawyer agreed with this answer

  3. A tenant has requested a lock to be put on the door of their child's bedroom in a rental unit. Should the landlord comply?

    Answered 9 months ago.

    1. Michael J. Szklasz
    2. Jennifer L. DiCarlo
    3. Alan James Brinkmeier
    3 lawyer answers

    I do not think it is the landlord's place to get involved in such matters. The tenant can simply put their own lock on the door if that is their desire so long as they are not violating any provisions of their rental agreement and if they provide the landlord with a copy of the key. I also recommend documenting any agreement or lack thereof on the matter of installation of the lock so that the landlord is protected from any related disputes.

    1 lawyer agreed with this answer

  4. If I have an IRS lien on my property can the mortgage company foreclose?

    Answered 10 months ago.

    1. Michael J. Szklasz
    2. Steven Kelsey Hemingway
    3. Jennifer L. DiCarlo
    3 lawyer answers

    The presence of an IRS lien will not prevent foreclosure by your lender/mortgagee if you default under the note. If your lender forecloses its interest in the property, it will be required to notify the IRS so that the IRS will have an opportunity to protect any interest it may still have in the property if it holds a lien junior to the mortgage. Where it appears there is equity in your property, the IRS could still potentially redeem the property after foreclosure and sell the property to...

    1 lawyer agreed with this answer

  5. Am I entitle to keep the security deposit if it has been more than 30 days and tenant did not provide a forwarding address?

    Answered 11 months ago.

    1. Jennifer L. DiCarlo
    2. Andrew T. Bucklin
    3. Erik Hammarlund
    4. Shahria Helena Boston
    4 lawyer answers

    Caution must be used when dealing with security deposits - even if the tenant owes you rent. Massachusetts General Laws Chapter 186, section 15B deals with the handling of security deposits. A landlord forfeits the right to keep any portion of a security deposit if (s)he: "(a) fails to deposit such funds in an account as required by subsection (3); (b) fails to furnish to the tenant within thirty days after the termination of the occupancy the itemized list of damages, if any, in compliance...

    1 lawyer agreed with this answer

  6. In Massachusetts can an apartment complex charge a monthly fee to have a dog?

    Answered 11 months ago.

    1. Jennifer L. DiCarlo
    2. Erik Hammarlund
    3. Shahria Helena Boston
    3 lawyer answers

    You should refer to your rental agreements and communications with the landlord to determine what the monthly fee is meant to cover and also ask your landlord directly. Some landlords charge pet rent. Keep in mind that any upfront pet fees you paid at the inception of your tenancy are prohibited. The law specifies what a landlord can and cannot collect from a tenant up front. And, security deposits are dealt strictly by Mass. law. Your landlord must follow certain requirements before they...

    1 lawyer agreed with this answer

  7. What does this paragraph mean to you?

    Answered 11 months ago.

    1. Jeffrey T. Stinson
    2. Joshua N Robbins
    3. Jennifer L. DiCarlo
    4. Gary Ralph Ilmanen
    4 lawyer answers

    Because you reference the Worcester County Registry of Deeds, I suspect you are pulling this language from condominium documents and not from the Massachusetts General Laws. This language, while also detailing, in part, how the bylaws may be amended, protects those provisions in condominium documents dealing with the rights of lenders/mortgage holders from being amended at the whim of unit owners and/or trustees or developers. It basically carves mortgagee-related provisions out of the...

    1 lawyer agreed with this answer

  8. My lanlord is trying to evict me but accepted my rent

    Answered about 1 year ago.

    1. Jennifer L. DiCarlo
    2. Deborah Gwen Roher
    2 lawyer answers

    Without knowing the specific contents of the notice to quit it is difficult to tell whether you are being terminated for cause or whether it is simply a 30-day NTQ. In either case, the notice must be legally sufficient in order to terminate your tenancy. I recommend that you bring your rental agreement, any correspondence and a detailed summary of the facts to a landlord / tenant attorney for analysis and to advise you of your rights and/or defenses to a possible eviction, if it comes to that....

    1 lawyer agreed with this answer

  9. I signed up for a one year lease agreement for a space for a commercial space, but it rolled into a five year agreement.

    Answered about 1 year ago.

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

    You can certainly try to negotiate with your landlord for an early termination. You should bring your lease to an attorney for review to determine the legality and enforceability of the extension provision and also to assist you in negotiating a settlement, if one can be reached. Any early termination agreed upon must be in writing and satisfactorily resolve any open issues so that you don't have to worry about your landlord coming after you down the road for unpaid rent, etc. Best of luck.

    1 lawyer agreed with this answer

  10. Roof leakage

    Answered about 2 years ago.

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

    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...

    1 lawyer agreed with this answer