Christopher McHallam’s Answers

Christopher McHallam

Medway Litigation Lawyer.

Contributor Level 9
  1. Can i sue a company that went out of business

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Herbert Warren Cooper IV
    3. R. Russell O'Rourke
    4. Henry Lebensbaum
    4 lawyer answers

    Going out of business and bankruptcy are two different things. If they have simply closed the business, you may sue them. Whether or not any award you may receive will be collectible is another question, and it bears investigating whether the is any hope of recovery before filing a suit. If, however, the business has filed for bankruptcy protection in the US Bankruptcy court, it is likely futile to bring a suit in state court against the business. I recommend consulting with counsel if your...

    8 lawyers agreed with this answer

  2. Do I need legitimate proof/evidence to kick out a tenant?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Christopher W. Vaughn-Martel
    3. Rixon Charles Rafter III
    4. Bruce H Murray
    5. John Thomas Gosselin
    5 lawyer answers

    Evidence of mail being sent to the apartment in the name of the guest, along with your own personal observations, should be sufficient to allege a violation of the lease. Attempting to video tape or record your tenant may violate privacy laws and is not recommended. I would suggest creating a written log of the times you observed the guest at the apartment and documenting each such occasion. If the guest has a car, you can photograph the car being parked at or near the apartment for...

    7 lawyers agreed with this answer

  3. Can my landlord lock me out of my business and then continue to operate it as his under my license?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Travis J. Jacobs
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    Your Landlord is generally not permitted to take any self-help or extra-judicial actions to lock you out of or deprive you of your right to exclusive use and possession of the leased premises. If your Landlord believes you are in breach of the terms of your lease agreement, the only rememdy is to initiate eviction proceedings in the local housing or district court. Your landlord is not permitted to lock you out without court order and is not entitled to operate your business without some...

    6 lawyers agreed with this answer

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  4. Lawsuit pending in small claims court for rent we with held in Dec & Jan due to violations.What kind of lawyer do we need?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Emma A. Kremer
    3. Erik Hammarlund
    4. George Charles Samiotes
    4 lawyer answers

    You should definitely consult with a landlord/tenant attorney who has done small claims cases in Dedham. Follow up with the Department of Health and have them document the lack of repair/compliance prior to the hearing, along with the lack of kitchen sink. Based upon your version of events, it would seem the apartment is not habitable. Thus, you should be in a good position to make a counterclaim and effectively defend yourself.

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  5. How much notice does the Sheriffs office need to give tenant before evicting a tenant? in state of Massachusetts.

    Answered over 1 year ago.

    1. Erik Hammarlund
    2. Christopher McHallam
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    It depends what you mean.....if you are referring to eviction after a judgment and execution for possession has been obtained, then they give them 48 hours before forcibly moving the tenant. If you are talking about the initial service of a notice to quit, fourteen days notice is given for non-payment of rent before an action for eviction, summary process, can be initiated.

    6 lawyers agreed with this answer

  6. What are the rights of a tenant whose landlord is in foreclosure and we paid are rent on time every month

    Answered over 1 year ago.

    1. Christopher McHallam
    1 lawyer answer

    If the bank purchases the property and you are a "bona fide" tenant, which means you lived there pre-foreclosure and are not related to the borrower, the bank cannot evict you without "just cause," which is typically non-payment of rent; creating a disturbance; or not allowing landlord/owner to make repairs. The bank has to notify you of the change of ownership and of your rights to a court hearing. If a private entity purchases the property, the can evict you, even without just cause, but...

    6 lawyers agreed with this answer

  7. I live in an apartment in Lynn, Ma. When I signed the lease we specifically asked the landlord if there was a bug issue....

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Julie Court Molloy
    2 lawyer answers

    If there is a provable infestation of insects/rodents/etc, it is within reason to break the lease and seek restitution of rent paid. In order to do so, you must first contact the local board of health and have an inspection, then contact the housing court. I strongly recommend you speak with an attorney who handles landlord tenant matters.

    5 lawyers agreed with this answer

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  8. My landlord is missing

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Edward Rice
    3. Michael T Millar
    4 lawyer answers

    Contact the City immediately and find out why the property was condemned. You should be able to make arrangements to retrieve essential personal items immediately with the City. Depending upon your income, you may also be able to get emergency housing assistance. Also contact an attorney immediately to better understand your rights and what may be required going forward.

    5 lawyers agreed with this answer

  9. Are Massachusetts tenants at will who received notice to quit REQUIRED BY LAW TO "SIGN" this notice?

    Answered over 1 year ago.

    1. Douglas Richard Lloyd Jr.
    2. Christopher McHallam
    3. Ayanna Ormond McPhail
    3 lawyer answers

    I agree with the answers already provided. There is no legal or procedural requirement for you to sign any notice to quit or otherwise acknowledge service by signature. By law, a sherriff or constable can properly serve the notice to quit by handing it to you or by leaving it on your door and also mailing a copy to your last known address. If you do not agree with the content of the notice to quit, you should be prepared to contest any attempted eviction and consider contacting an attorney.

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  10. Not married,,,,,,just asking

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. Christopher McHallam
    2 lawyer answers

    I agree with Attorney Kremer, the fundamental question is who's name is on the title to the car and/or any loan that was taken in connection with purchasing the car. You have a claim for any contribution you made to purchase the car if your boyfriend is in fact the titleholder.

    4 lawyers agreed with this answer