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Christopher McHallam

Christopher McHallam’s Answers

54 total

  • Do I have any defense?

    I'm going to court in 2 weeks for an eviction. I've lived in the building since 2009 with my mom. In 2011, the landlord foreclosed and my mom couldn't afford a 2 bedroom apartment and i don't make enough money for my own place so i just stayed the...

    Christopher’s Answer

    I agree with my colleagues' answers. It is not likely that the Court is going to allow you to stay in an apartment without paying some form of rent or use and occupancy. While it is true the water should not have been shut off, it is not clear to me from your question what the desired outcome is. I strongly urge you consult an attorney.

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  • I have a Notice of Motion Hearing stemming from an Agreement I had with my landlord's lawyer back in Oct 12....

    Agreement was, I should make certain payments on time. I missed few payments and he is taking me back to tell the court I didn't honor the agreement. I owe $1,301, ( march rent not incl). Tomorrow I will walk in and pay the 1,301. But that would l...

    Christopher’s Answer

    I agree with Emma that the mistakes should be raised with the Court. If, however, you have missed payments that were due pursuant to the agreement, then you may still be at risk. You should be prepared to show the Court that you can pay the balance in full by March 21, 2013. Ultimately, the Court will want to be sure that you honor your agreements and that the Landlord gets paid in a timely fashion. I would go to the hearing being prepared to demonstrated how you will pay and show the Court that you have acted in good faith in attempting to make the payments due under the agreement. It would be advisable to contact an attorney at this point.

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  • What do Massachusetts courts consider to be absolute proof that tenants have abandoned an apartment?

    How close do I come to the abandonment standard with the following facts: No member of the family has stayed in the unit overnight since Jan. 30. By Feb. 18, two of the 3 family members had removed their beds. I received an email Feb. 18 from o...

    Christopher’s Answer

    I agree with Emma. The best evidence of surrender of possession of an apartment is the return of the keys. At this stage, your version of the events does not contain an assertion of abandonment of possession. The best way to evince surrender is to collect a return of the keys.

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  • Can a judge stop a eviction execution

    judgment and agreement have already been issued

    Christopher’s Answer

    I agree with the answers provided by my colleagues. I would add, however, that in order to obtain a stay of an execution, you must file a motion in the court from which the execution was issued and provide hard evidence of the reason. Usually, the court will not stay an execution unless there are genuinely emergent circumstances, such as medical issues or child related issues. Therefore, you should not count on obtaining a stay of the execution and should plan accordingly. I strongly recommend consulting an attorney familiar with the process.

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

    I have several business activities that I offer freelance. Is it advisable to put them all under the umbrella of the same single owner L.L.C.? The fees are too high in MA for me to consider forming multiple L.L.C.s.

    Christopher’s Answer

    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.

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

    State of Massachusetts.

    Christopher’s Answer

    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.

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  • How do we get our old landlord, who is an attorney, to give us back our security deposit?

    We moved out December 14th , 6 months before our lease was up . We lived there for 11 1 / 2 years . My husband fell through the bathroom floor in October of 2011 and we are suing due to permanent injuries . Our attorney wanted us out of that ...

    Christopher’s Answer

    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.

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

    Example.. Can't wash clothes at 7:00 pm.. Can't walk into my house at anytime I want.. I had my girlfriend over with her sister's kid. We were watching her she was crying at night and he came up to the 3rd floor and said were to loud.. He b...

    Christopher’s Answer

    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.

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  • Small Business Idea

    My sister and I are in the thinking stages of starting a small business. The long and short of it is this: We would create an exercise CD for the car. It would target commuters who are on their way to work, and would include songs, and light ...

    Christopher’s Answer

    Absolutely. From an attorney/insurer's perspective, I think marketing a product which encourages driver's to do any activity which requires physical movement while operating the motor vehicle is going to invite liability claims. Whether in any particular case a finding of liability would be made would depend upon the particular facts and circumstances. Undoubtedly, however, marketing such a product will lead to claims.

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  • I have a subtenant who is also y niece. We do not get along, so i gave her a 30 days verbal notice to move, she has refused to

    move, but so far she has refused to move. What should i do?

    Christopher’s Answer

    I agree with my colleagues. The best procedure to follow would be to send a thirty day notice to quit via constable or sheriff and, if she refuses to move, proceed with an eviction. I would hope you could reach an agreement without court intervention. If not, the process is available and should be followed. I would recommend at least a consultation with an attorney.

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