Christopher McHallam’s Answers

Christopher McHallam

Medway Litigation Lawyer.

Contributor Level 9
  1. How do we get our old landlord, who is an attorney, to give us back our security deposit?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Kyle Piro
    3. Erik Hammarlund
    4. George Costas Andriotis
    4 lawyer answers

    I agree with my colleague. Send a written demand letter (I have attached a link to a sample) immediately. If there is no response, you can take your landlord to small claims court and seek up to triple damages. You may wish to consult an attorney at this point.

    4 lawyers agreed with this answer

  2. Can i sue my landlord?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Brynn Sullivan Zawada
    3. Ayanna Ormond McPhail
    3 lawyer answers

    When one leases an apartment, they have a possessory interest in the leased premises that should not be disturbed and to which the tenants should fully use without interference. By virtue of the flood, your right to the exclusive use of the apartment has been interfered with and impaired. Your landlord's insurer is likely the source of coverage for the costs related to emergency relocation. It is possible that part of that coverage may be some form of compensation for the inconvenience and...

    4 lawyers agreed with this answer

  3. Tobacco smoke entering my home through vents. Landlord not ready to fix it or leave me out of the lease. How to break the lease?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Christopher W. Vaughn-Martel
    3. Todd Matthew Heine
    3 lawyer answers

    First, consult your lease and determine if it makes any provision for the unit being smoke-free. If not the lease, then review the rules relating to smoking in the complex. If the lease and/or rules are clear about the smoking ban, you should advise the landlord that you believe they are in default of their obligation to provide a non-smoking environment. Secondly, you should invite a representative of the building to your unit to experience the smell and you should document each occurence...

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  4. Who is liable for stolen items if apt was broken into and front door was left unlocked by tenants.

    Answered over 1 year ago.

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

    I agree with my colleague's answer. The landlord has a responsibility to ensure the door is locked and the buidling is secured, especially since they were notified of the problem. As for the other tenants, it is more difficult to hold them liable for any one specific instance and because they may owe no legal duty to you. If a substantial amount was lost, it may be worth submitting a claim against your landlord's insurance policy, if they have one.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. OK to form a single L.L.C. for combined activities? E.g., For tutoring, consulting, editing, & website maintenance services?

    Answered over 1 year ago.

    1. Travis J. Jacobs
    2. Christopher McHallam
    3. Henry Lebensbaum
    4. Michael J. Tobin
    5. Mark Joseph Guay
    6. ···
    6 lawyer answers

    I agree it is permissible.....the larger question is whether it is advisable to do so..... The fee are very high in Massachusetts and thus may make it cost prohibative. The fundamental risk is that liability from one activity will be imposed upon another. Thus, revenue generated from one aspect of your businesses may have to be dedicated to liability created by another activity. It may be worth consider multiple corporations, which are less expensive than LLCs.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I get sued for damages for breaking a rental lease in MA by my former landlord?

    Answered over 1 year ago.

    1. Christopher McHallam
    1 lawyer answer

    Further information is required to provide an accurate answer as to the nature of your lease arrangements and what transpired when you vacated the apartment. Whether or not you are liable for any further rent depends upon whether your landlord accepted your surrender of the apartment and how soon it was re-rented. In terms of the statute of limitations, your landlord could have up to six years to bring a claim for a breach of a lease agreement.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Does anyone know of a probate litigator and mediator in the Worcester, MA area with 20 yrs. of experience? Prefer a Christian.

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. Rixon Charles Rafter III
    3. Christopher McHallam
    3 lawyer answers

    The are certainly many good attorneys/mediators in the Worcester/Middlesex area. I would be happy to try to assist you. Please contact me directly and I can try to assist you.

    3 lawyers agreed with this answer

  8. If a tennet breaks a lease is the landlord respresponsible to refund the tennets money if the rented be fore there last month

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. Melissa Anne Levine-Piro
    3. Christopher McHallam
    3 lawyer answers

    I agree with the other answers and would point out that generally the Landlord is not entitled to double rent. Therefore, if the tenant vacated before the lease term was over and the apartment was rented to a new tenant for the same or more rent, the original tenant should be returned the deposit. If the new rent is less thant the original rent, the difference should be retained by the landlord.

    3 lawyers agreed with this answer

  9. I rent a apartment and also pay rent every last Wednesday of the month but the thing is he always pissing me off complaining

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Erik Hammarlund
    3. Christopher W. Vaughn-Martel
    4. George Costas Andriotis
    4 lawyer answers

    I am not quite sure what your question may be. Generally, the tenant has the right to full and exclusive use of the rented premises. Therefore, the rules that the landlord is trying to enforce may be a violation of your tenant's right of quiet enjoyment of the rented premises. Please detail some specific questions and you may be able to alter the present state of living at the apartment.

    3 lawyers agreed with this answer

  10. Can condominium trustees and/or management company provide mediation for a dispute between two conflicting owners?

    Answered over 1 year ago.

    1. Jeffrey N. Fink
    2. Christopher McHallam
    3. Anton R. Reinert
    3 lawyer answers

    In Massachusetts, a mediator who is not trained in accordance with the mediation confidentiality statute may be compelled to testify at a judicial proceeding regarding the statements and disclosures made by the parties during mediaiton. Therefore, a trained mediator is preferable to ensure full confidentiality. Moreover, a trustee or management company employee may not be seen as neutral if both parties are members of the same organization and as the organization may have a stake in the...

    3 lawyers agreed with this answer