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Emil Ward
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Emil Ward’s Answers

6 total

  • 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?

    We have asked, we have begged and we have levied fines and nothing seems to work. We live in a 3 family and she just opens the door and let's the dog poop in the yard and refuses to pick it up. We have had condo meetings to express our frustrati...

    Emil’s Answer

    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 meant to create an attorney-client relationship.

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

    A day after signing my lease I went into my apartment to clean and discovered that the 1st floor windows don't lock, the carpet has stains and was covered in what seems to be plaster powder, the other windows don't work properly, the dishwasher st...

    Emil’s 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 when s/he intends to rectify these conditions and what amount of money rebated from your rent would be just compensation for the reduced value of the apartment while s/he makes he needed reapirs.

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

    The person I signed a lease with was a convicted felon on probation who provided false information. They were legally not allowed to reside out CT but the lease was in MA. Am I bound by this lease? I contacted the landlord about it when they stopp...

    Emil’s 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 someone else. Next time, make it a requirement that in order to apply for the vacancy in your apartment, the person must submit to a criminal records check. You might want to consult with an attorney on a paid basis to inform you of all of your rights and duties.

    This response is provided only for informational purposes; it is not to be relied upon as legal advice. The only way to obatin such advice is by entering into an attorney-client relationship after detailed discussions about the matter and after reaching a fee agreement with an attorney of our firm.

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  • Do I need to hire a real estate attorney?

    My son bought a house with a girlfriend. They broke up. She is living in the house, with her new husband making the mortgage payments. He wants his name off of the title,loan but she is not interested in changing the current set up. He cannot b...

    Emil’s Answer

    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 remedy, she should make you a reaonsable offer for your half.

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

    Want to put first lien on property--what type of instrument (document) can be used to file such other than the standard : mortgage or court judgements)

    Emil’s Answer

    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 and after final judgment the winning party can make an attachment of the judgment by recording the execution, or enforcing document, at the registry of deeds.

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

    I'm tired of people leaching off the government and the tax payers. I know of someone that lives in the Boston Housing Development paying only $72 for rent...because according to the info submited to BHA she is a single mom of two with no income e...

    Emil’s 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.

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