Emil Ward’s Answers

Emil Ward

Boston Landlord / Tenant Lawyer.

Contributor Level 6
  1. Is there anything I can do about my condo neighbor who let's her dog poop in the yard and won't clean it up?

    Answered almost 4 years ago.

    1. Emil Ward
    2. Steven Alan Fink
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    Your associaton has the right to levy progressively increasing fines, and the right to collect attorney's fee when you hire a lawyer to collect the fines and to eventually foreclose her condo if she continues to ignore the fines. It is apparent that you should hire an attorney to enforce the association's rights regarding this unsanitary and selfish behavior. This response is only the opinion of the author based on the facts given and is not meant to be relied upon as legal advice. Nor is it...

  2. I signed a lease with someone who provided false information and was a convicted felon is it binding?

    Answered over 4 years ago.

    1. Emil Ward
    1 lawyer answer

    It would appear that you have legal recourse against the departed former co-tenant for the lost rent, and costs to re-rent, assuming he misled you when asked about his criminal history and never mentioned he was breaching CT law to reside in MA. It would alos appear that you may regard the lease as void. But, what are you likely to collect and at what price to yourself? If you fear reprisals, it is probably best not to chase this person for your lost rent payments or for costs to re-rent to...

  3. What happens when you submit a claim against a tenant with the Boston Housing Authority?

    Answered almost 5 years ago.

    1. Emil Ward
    1 lawyer answer

    If the BHA investigated the situation and found her boyfriend is a part of her household, thus skweing her subsidy, they would either requalify her or terminate her Section 8 voucher.

  4. I signed a lease yesterday. Can I get out of it today??

    Answered almost 4 years ago.

    1. Emil Ward
    1 lawyer answer

    Being a Massahcusetts lawyer, I do not know what the result would be in Ohio. However, here, if the conditions were bad enough you could terminate the lease under the breach of warranty of habitability theory or under the theory that the apartment was not delivered in the condition that was agreed upon in the leasing contract. However, in my opinion none of these items taken individually would warrant lease termination, yet, but rather would warrant a talk with your landlord to ascertain...

  5. Do I need to hire a real estate attorney?

    Answered over 4 years ago.

    1. Henry Repay
    2. Andrew Daniel Myers
    3. Emil Ward
    3 lawyer answers

    If you were in Mass. I would say the following. Since asking her to buy you out has failed, you could ask the court to partition the property. This means to have the court sell the property and divide the equity according to what each has put into the property after paying off the debt. There is an added cost to this method of resolving the issue. Therefore, she might want to buy you out by agreement. She has no defense and cannot stop the partition of the property. Once she learns of this...

  6. Real Estate 1st lien possitions. Other than a mortgage what can constitute a legal form of first lien against real estate

    Answered over 4 years ago.

    1. Steven W. Ledbetter
    2. Tracey Keith Dewrell
    3. Alan James Brinkmeier
    4. Emil Ward
    5 lawyer answers

    Ther are many types of liens which can attach to property. A mortgage is consensual, meaning the owner of the property and the lender agreed to place this type of lien on the property in exchange for a loan. Federal, state and city taxing authorities can place liens on property when the taxpayer's payments are delinquent. These liens are not consensual. A party to a lawsuit may ask the court for an attachment of the equity in the property of the other party before reaching the judgment stage...

Emil Ward literally wrote the book on landlord-tenant law

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