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Jeffrey M Feuer

Jeffrey Feuer’s Answers

46 total


  • Just moved in. Past tenants in our place have told us that they have copies of keys to our place and can't give them back

    Is it our responsibility to replace the locks or is it our landlords? Obviously its always a possibility that copies were made of the keys and other people have it, but in this case we know for sure that the keys are out there (we have it in writi...

    Jeffrey’s Answer

    A landlord is entitled, under Mass. Gen. Laws chapter 186, sec. 15B, to charge a new tenant for the actual cost of changing the locks on a rental unit. You might be better off doing it yourself.

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  • My employer hasn't paid me my paycheck for the pay period May 15th to May 30th. What are my rights? Can I get my money?

    He included the amount in my W-2 though. I don't work there any more. The company is shut-down. The owner won't lift my calls

    Jeffrey’s Answer

    Massachusetts laws provides a minimum set of standards for when, how and how much employees must be paid. You can file (for free) a Non-payment of Wages Complaint form with the Massachusetts Attorney General's office by clicking on the link provided herein or call the AG's office at (617) 727-3465. They will investigate the claim for you and may be able to force the employer to pay you.

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  • Is the original claim considered on a small claims appeal or only the actual judgement in Ma?

    I won a partial judgement on a security deposit dispute. The landlord has filed an appeal stating he felt rushed.

    Jeffrey’s Answer

    I would need more details about your original claim and what the "partial judgment" consisted of. In addition, I would need to know if you had your initial hearing in front of a judge or a clerk-magistrate. If it was a clerk-magistrate, the new "appeal" hearing will be in front of a judge who will hear the whole case. However, if your initial hearing was held by a judge, the appeal process goes to the next court level and is more complicated. In general, in a small claims case, the plaintiff is not entitled to appeal -- only the defendant can do so. You should speak with a landlord-tenant attorney to get specific information about your case.

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  • Security Deposit Interest and Last Month Interest

    With interest rates down to nothing what is a Landlord required to give you when you vacate premise. I thought it was sec deposit and last months plus five percent interest according to attorney general. Also, I never got a receipt back. Is...

    Jeffrey’s Answer

    If the landlord did not return your full security deposit within 30 days of you vacating the apartment, you are entitled to sue him for three times the security deposit plus attorney's fees and costs and 5% interest per year (if he did not place the security deposit in an escrow bank account and give you the proper receipt). Such a claim can be brought in small claims court relatively inexpensively and without a lawyer.

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  • Tenant At Will and MA Rental Laws

    Is it legal in MA for a landlord to have you sign a tenant at will agreement that says your money will not be placed in an interest bearing account? Is it legal for them to not show you any bank information where your money was deposited? After ...

    Jeffrey’s Answer

    No, the landlord may not do this. He is bound by the Massachusetts security deposit statute (General Laws ch. 186, sec. 15B). If he has not given you any information as to where your security deposit was placed in a separate escrow account, you are entitled to the immediate return of your security deposit (but not your last month's rent payment), even if you continue to live in his property. If the landlord does not return your security deposit immediately upon your written demand that he do so, you would be entitled to sue him for three times your security deposit plus attorney's fees and costs. The claim could even be brought by you in small claims court. The landlord also owes you interest on both your security deposit and your last month's rent at the rate of 5% per year. A lawyer can help you get your money back from your landlord.

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  • Potential retaliation from landlord in MA

    I'm a tenant at will at my apartment but we've had a verbal agreement that I could stay through May. In November, the hard-wired fire alarm located in the hallway I share with another apartment in the same building began going off for seemingly no...

    Jeffrey’s Answer

    There are two anti-retaliation statutes that protect Massachusetts tenants -- one serves as a defense to an eviction action (Mass. Gen. Laws ch. 239, sec. 2A); the other serves as an action for damages against a landlord who engages in retaliatory actions (Mass. Gen. Laws ch. 186, sec. 18). In addition, as a tenant at will, you are entitled to a rental period Notice to Quit (if you are up to date on your rent), meaning that if he gave you a notice before February 1, 2014, he could not even begin eviction proceedings against you until March 1, 2014. Furthermore, you cannot be evicted until a judge issues a judgment in favor of your landlord and the landlord's actions may provide a defense that will prevent your eviction. Talk to an attorney as soon as possible to discuss your options .

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  • Do I need to release personal information to my new landlord (unit recently sold)?

    My previous landlord sold the unit that I'm living in. The new landlord wants me to fill out his tenant application and sign a new lease (which should be the same as my previous one, but with their information). The tenant application asks for my...

    Jeffrey’s Answer

    Your current lease is still valid as regards the new owner and you are under no obligation to give them your SSN or bank account numbers, nor do you have to sign a new lease with them. Of course, you may want to explain to them that you will be leaving upon the expiration of your current one year lease so that you don't start off on the wrong foot with the new landlord.

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  • What is my recourse for being evicted without an Execution in Massachusetts?

    I was evicted in Massachusetts without the Court issuing a valid execution to do so. The execution the Constable used to evict me was printed out the same day as the default judgment, and Landlord's Attorney never obtained a valid execution after...

    Jeffrey’s Answer

    You should first check the records in the court's docket to be sure that you are not missing some order or motion allowed by the court that permitted the execution to be issued immediately. If you can prove that items were taken by the Constable and not returned to you, you may have a claim for damages. The advice given by Attorney Phipps above is very sound -- contact a lawyer to discuss your situation and possible remedies.

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  • Can we break out apartment lease?

    My wife and I moved into an apartment this last year. We signed a "standard lease agreement" (if there is such a thing). One of the things that appealed to us was that the apartment was "smoke-free" according to the leasing agent. A month or two w...

    Jeffrey’s Answer

    You need to speak with an experienced landlord-tenant attorney. The attorney will need to examine the terms of your lease, any evidence that you have that the apartment building (not just your apartment) was supposed to be smoke-free, evidence as to the steps the landlord has taken or not taken to enforce the no-smoking prohibition, evidence as to the security (if any) that the landlord was to provide for the parking area of the building, evidence as to whether or not the landlord knew or should have known about constant vehicle break-ins and/or damage, evidence as to anything else in the apartment that might violate the state Sanitary (Housing) Code, etc. The attorney will need a full description of your situation in order to advise you as to whether or not you have a good case for breaking your lease or for damages against the landlord that could offset any costs that the landlord might seek to charge you for breaking the lease.

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  • Will this effect my life entirely like will it be hard for me to apply for a job etc. and can I ask for a record seal?

    I am 17 and was driving to school with a permit but not a license. I had got into a car accident in which my car did not hit the other car but it cause that other car to hit a barrier. I was then associated by the police and told that I could get ...

    Jeffrey’s Answer

    You need to speak with a criminal defense attorney who practices in the Milton District Court as soon as possible. Use "Find A Lawyer" right on the Avvo site to find one near you. If you cannot afford a lawyer, the court will appoint one for you for a nominal fee. Your first court date is only to have the charges entered against you, to enter a "not guilty" plea and to get a lawyer and a new court date. However, if you get a lawyer before that first court date, he/she may be able to work out a deal with the Asst. District Attorney to resolve your case at that first court date. Whatever you do, don't delay and don't miss that first court date.

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