I rented our apartment as a sublet to two people.they were supposed to stay there for two months.we did the paperwork through the leasing office,and I still have the paperwork saying that they'll take over the apartment and they will pay the two m...
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 and be hauled into court.See question
and my income is slow to come in. Purely my fault, I am now late with rent. Today the judge granted possession of the apartment to the landlord. The landlord asked how long I have left in the apt and the judge said to speak with the clerk. So I a...
A judgment in a summary process action must be appealed by filing a notice of appeal with the court within 10 days of entry of the judgment. This will stay the issuance of the execution. There also may be various motions available to you. Otherwise, an execution issues 10 days after entry of the judgment. The court must issue the execution within 90 days of entry of the judgment. Once it is issued, an execution for possession remains valid for 90 days. Stays of execution are often available to some tenants in certain circumstances at the discretion of th ecourt by filing a motion, attending a hearing on that motion and making a case for being granted a stay. The maximum stay is typically 6 months (12 months if the tenant is elderly, disabled or handicapped) But, the tenant must pay for use and occupancy during the period of the stay.See question
The new owners will not acknowledge my lease. or come to any terms with me that are accepable to me
You may have rights under the Protecting Tenants at Foreclosure Act (PTFA). Once the new owner takes ownership, a 90 day notice needs to be served on all of the occupants. The notice requires the occupants to provide proof that they are bonafide tenants and not somehow related to the former owner who was foreclosed. If they are bonafide tenants and can prove this, then they are afforded the protections of the PTFA. They can remain in the premises under their lease, if there is a lease, unless the new owner intends to occupy the property as their primary residence (if, for instance, the property was sold to a 3rd party at auction rather than back to the lender). The 90-day notice period is required regardless of whether the occupant actually has a lease or was a tenant at will. It isn’t until the 90-day notice period expires that the new onwer can even serve the summary process/eviction complaint and then there is a timeframe under which you have to file it and then a hearing is scheduled. It sounds like you may not be completely protected by the federal statute if you are related to the former owner, but may benefit from some of the protections under state law. Here is a link to info on state law protections: http://www.mass.gov/ocabr/docs/foreclosure/tenants-rights.pdf . In any event, you may want to consult with a landlord/tenant attorney to ascertain your rights and obligations.See question
illegal lower leval apt.
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 fact a security deposit, he must comply with some very strict legal requirements. You should consult a landlord/tenant attorney to discuss your rights and obligations.See question
can he still move in another tenents stuff while im in the apart ment what should i do what are my rights
Presuming you are renting in Massachusetts, it sounds like your tenant may have terminated your tenancy and nothing more. But, even if that is so, their are still strict requirements your landlord must comply with in order to have actually terminated it. Also, termination of your tenancy by way of a notice to quit is just the first step in the eviction process. If you do not vacate by the termination date, your landlord will have to file a summary process case to have you evicted by the court. That can take weeks and then there are still several steps that require time. You may have defenses and may be able to postpone moving. I recommend that you consult with a landlord attorney to determine what your rights and obligations are.See question
WE HIRED A LAWYER TO HELP US TO SAVE OUR 1ST HOME, LIKE OTHER ESLE IT CAME TO THE POINT THAT WE MISSED PAYMENT FOR THE MORGAGE,BUT NOT WE ARE STARTED TO GET BACK ON TRACK AND HOPING WE CAN SAVE OUR HOME FOR MODIFICATION. DO U THINK THERE STILL CHA...
I recommend that you disclose any concerns regarding a lis pendens with the attorney already working with you on the modification so that they can determine if and how it might impact the lender's decision to approve the modification. Best of luck to you.See question
He watched them and they were extremely distraught when I returned from chatting with his wife. They reside in the house and we lived in a 1300 sq ft apt in their house. The boys felt violated, we reported the incident, but the police remain stagn...
Without addressing the issues concerning your children, your landlord is only entitled to keep your security deposit or any portion of it in very limited circumstances. Unless he has complied with the various requirements including, but not limited to, providing your receipts for the SD, placing the SD in a separate interest bearing escrow account within a specific timeframe and giving you its location, and providing you with a written statement signed under the penalities of perjury indicating the items of damage and supported by written receipts or estimates for the repair, he must return the SD to you within 30 days of termination of your tenancy. If your landlord fails to comply with the SD law, he can be liable for 3 times the amount of the SD plus attorney's fees and court costs. I regularly handle these kinds of claims for a contingency fee, which means I don't get paid unless you win. Please feel free to contact my office at (781) 548-9999.See question
I bought an apartment unit in 2006 but never received a deed along with the paperwork I signed. Is my bank responsible for providing me with a deed? I no longer have contact information for the person I bought the unit from.
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 numbers or document number); and/or 2) You can contact the attorney that closed the transaction. They may have the orignal in their file.
FYI, when you get a copy of the deed or review it on the Registry website, it may reference (usually in the lower right hand corner of the deed) who the original deed was mailed to after recording.
If the property involves registered land, the original is probably still with the Reigstry of Deeds and you'll only be able to obtain a copy of it as they retain original registered land documents.See question
We have been living in our apartment for just shy of 2 yrs. We were late on our September rent because we have recently fell under some hard times. We are back on track and got all of the money together for our September and October rent and calle...
A few questions for you that will determine your situation: 1) Do you have a lease or a tenancy at will? 2) Did the notice to quit specify a reason for the termination such as nonpayment of rent? 3) Have you recieved a notice to quit for nonpayment of rent in the last 12 months? 4) Does the notice to quit specify a vacate date of 10/27/12?
If you have a written lease that is being terminated for nonpayment of rent, you are entitled to cure the breach by paying the amount due on or before the deadline for filing an answer in court once a summary process action is commenced. If you have a tenancy at will, you have the same right to cure, but only if you haven't received a notice to quit for nonpayment in the last 12 months.
If your landlord is simply terminating your tenancy under a 30 day notice to quit without stating a reason, you may still have defenses to the eviction, but should consult with an attorney to determine what theyare.
In any event, it sounds like you may have received a thirty day notice to quit that could potentially be defective because of the vacate date of 10/27. A thirty day notice to quit doesn't expire after thirty days, but rather expires on a date that rent is due. Assuming your rent is due on the first of the month, then the notice to quit you received may be defective and a defense to an eviction.
Your next step should be to gather all of your rental documents, receipts, notices, communications with your landlord, etc. and consult an attorney.See question
Specifically driving in my driveway to the property behind mine?
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 easement holder is overburdening the easement then that is another story and you may need to seek legal assistance to obtain an injunction. Easement litigation can be very expensive and time consuming so you should try to work out any issues you can with your neighbor to avoid it. Also, it can be very hard to swallow the fact that your neighbor has rights in your property that are in a way superior to yours. You can't interfere with their rights in your property or else you may be subject to suit by them.See question