Christopher McHallam’s Answers

Christopher McHallam

Medway Litigation Lawyer.

Contributor Level 9
  1. Do I have any rights if my landlord won't fix the heat?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. John Laughlin Fink
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    Unless otherwise required by the lease, the LL must provide the fuel for the heat and in all events is required to maintain the premises in a reasonable condition so that the apartment is habitable. You should notify your landlord in writing of the problems and the local authorities and have them inspect the apartment. You are entitled to live in an apartment that is reasonably warm and suitable for habitation. If you landlord refuses to remedy the situation, you may withhold rent and/or...

    3 lawyers agreed with this answer

  2. Who serves an injunction once obtained? Does the person against whom the injunction is have any right to object or protest?

    Answered over 1 year ago.

    1. Karen M. Buckley
    2. Christopher McHallam
    3. Anjali Gupta Stevenson
    4. Constantine D. Buzunis
    5. Robert Bruce Kopelson
    5 lawyer answers

    Typically, an injunction is served by a sheriff, or with the court's permission, by a constable. If an injuction is obtained "ex parte" (with only the moving party present) the court makes the injunction temporary in duration (usually no more than ten days) and will set up a hearing at which time the opposing party may make its objections. At the hearing at which both sides are present, the parties may offer evidence and the Court can hold a hearing as to why the injuction should remain in effect.

    3 lawyers agreed with this answer

  3. Small Business Idea

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Melissa Anne Levine-Piro
    3. Frank Anthony Natoli
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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  4. Those my landlord have the right to go in my apt or in our room when u not home?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Julie Court Molloy
    3. Ayanna Ormond McPhail
    3 lawyer answers

    The answer is generally no, your LL cannot enter your apartment without notice and only for certain emergencies and/or to make repairs. Your landlord should not be permitted to enter the apartment without notice and only under limited circumstaces. Your landlord should not move or otherwise touch any of your possessions while you are renting the apartment, it is a serious violation of the law.

    2 lawyers agreed with this answer

  5. Within the past few months my apartment has been broken into twice. What rights do I have?

    Answered over 1 year ago.

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

    I agree with my colleagues. Notify your LL in writing immediately of the problems and the lack of security. Advise them that if the repairs are not made, you will seek to terminate your lease. You may want to contact an attorney to assist you.

    2 lawyers agreed with this answer

  6. Can I get a emegency r.o. against my roommate?

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. Douglas Richard Lloyd Jr.
    3. Christopher McHallam
    4. Steven D. Power
    4 lawyer answers

    I agree with my colleagues' answers. Contact the police immediately and take all necessary steps to protect the safety of your family. Be sure to explain all of your concerns and detail all specific instances of threats. Safety is the number one priority.

    2 lawyers agreed with this answer

  7. Compensation?

    Answered over 1 year ago.

    1. Marvin Cable
    2. Emma A. Kremer
    3. Henry Lebensbaum
    4. Christopher McHallam
    5. Judy A. Goldstein
    5 lawyer answers

    We all strongly recommend that you see competent counsel who can advise you with respect to medical malpractice and personal injury matters.

    2 lawyers agreed with this answer

  8. What recourse for a commercial landlord force closing your business with unreasonable time frame to vacate property.

    Answered over 1 year ago.

    1. Erik Hammarlund
    2. Christopher McHallam
    3. Ryan M. Finn
    3 lawyer answers

    I agree with the prior answer. In order to terminate your tenancy and your possessory rights. The landlord must follow the rules associated with summary process and eviction proceedings. The landlord is not entitled to take matters into his own hands and simply evict you by virtue of closing the property. I strongly recommend seeking counsel as you may have defense associated with the conduct you have described as being taken by the landlord.

    2 lawyers agreed with this answer

  9. My husband moved to Boston he left behind stuff. What do I do?

    Answered over 1 year ago.

    1. Christopher McHallam
    2. Henry Lebensbaum
    3. Amy L Saunders
    3 lawyer answers

    I would recommend writing him a letter/email listing all of his items and telling him that if he doesn't get them within thirty (30) days, you are not going to continue to store them and you will consider that he has abandoned them. You should suggest that he make arrangements for storage if he can't pick them up. As you are married, some of the items may be considered marital property and thus you may be able to retain them, if you wish. I recommend you consult a local attorney, especially...

    2 lawyers agreed with this answer

  10. How to go about getting my security deposit back from my previous landlord.

    Answered over 1 year ago.

    1. Christopher Saccardi
    2. Jeffrey M Feuer
    3. Henry Lebensbaum
    4. Christopher McHallam
    5. Ayanna Ormond McPhail
    5 lawyer answers

    I agree with that answer. The only thing I would add is that you should send a written demand letter via certified mail confirming the lack of compliance with the law regarding security deposits and noting the failure to return despite the passage of several months. An attorney or housing court specialist should be consulted as you may be able to receive up to triple damages and attorney's fees.

    2 lawyers agreed with this answer