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Christopher Saccardi

Christopher Saccardi’s Answers

188 total


  • Hello looking to now what Motion for Judgment for Possession and Execution to Issue forthwith ** mean why next to owe it *

    if we are being evicted how long do i have 14 day's or 3 0's day's . Before being removed my police . need answer so i can be prepared on February 25 TH . Court date. thank you.

    Christopher’s Answer

    If I understand you correctly, your landlord has filed a motion to ask the court to issue an Execution, which is the document that allows a constable or sheriff to remove you from the premises. They are likely arguing that you violated a payment agreement or some other term of an agreement. If the motion has been scheduled for hearing on February 25, then you will have a chance to argue that the Execution shouldn't issue. If it's an issue of money, getting together the money on or before that date can certainly help. If the judge is inclined to allow the Execution to issue, you can also ask for more time before the landlord has you removed. Once the Execution issues, and without an order to the contrary from the judge, the landlord could then have a 48-hour notice served on you after which time you would have to leave. Once the Execution issues, things happen quickly, usually a matter of days, although the landlord could agree to act more slowly.

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  • Is the refund of a SD necessary to be signed " under the pains & penalties of perjury." To my Tenant?

    And if not they can sue me for treble damages?+? Is that really possible???

    Christopher’s Answer

    Not if you are refunding the full deposIt. If you are withholding some due to damage to the property and returning a portion then you need both pains and penalties plus detailed receipts and invoices showing the necessary repairs sent within 30 days of the end of the tenancy.

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  • What are my options if I already went to court and missed a payment I owed from agreement and now have to go back to court

    I went to court for a missed rent payment, I owed that and legal fees. made agreement with landlord to pay on the 15th of each missed a payment on time and now being asked to go back to court for eviction

    Christopher’s Answer

    The landlord needs to show to the court that yours was a substantial breach of a material term of the agreement. It is almost certain that the court will find the payment deadline to be a material term. The question is whether one missed payment is a substantial breach. If you can contact the landlord to make the payment right away or at least bring a money order with the full payment to the court hearing, you may be able to argue that you should be given another chance. Sometimes landlords file these motions just to get the tenant back on track with payments; other times they do so because they actually want the tenant out.

    If you can't afford the payment, your arguments will be tougher but you could tell the court the reason why you can't pay and try to either work out with the landlord, or ask the court for a modified payment plan that you can live up to.

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  • Can I send a notice to quit and increase the rent at the same time?

    I have rented my home month to month to my tenant. I let her know 6 months ago that I needed her to evict my home by December 30. She just let me know that she is not evicting because she can't find a home with such low rent. I am planning to g...

    Christopher’s Answer

    Yes, if you do it correctly, you can achieve what you'd like to do. You would need to terminate the tenancy properly and then offer a new tenancy at the new rent. You need to be careful with the wording in the notice so that you clear that the tenancy is being terminated and that the tenant can stay only under the new terms. As a matter of law, the tenant doesn't need to accept the offer of the new tenancy and the only way to actually get them to leave would be through a court action. I would suggest getting help from an attorney as a poorly worded notice can cause problems later on.

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  • My landlord did not pay the water bill but I have payed my rent first of each month...The water has been shut off what do I do

    I have rented for 9 months and paid promptly the first of each month...The landlord has not paid the water bill which now is approximately $700. and the water has been shut off...He took my rent the first of August and never said anything to me......

    Christopher’s Answer

    I agree that you should contact your local inspector (in Springfield, it's Inspectional Services in the Building Division). They will do an inspection and cite the landlord for violations of the State Sanitary Code, including a lack of water. This inspection is very important evidence of the problem that you can use in court if you decide to pursue damages against the landlord. You should also consider contacting a landlord-tenant attorney immediately as this is a serious violation of MA law for which you may be entitled to damages plus your attorney's fee. An attorney could also talk to you about the possibility of withholding your rent until this issue is addressed.

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  • My landlord who lives above me insists on making an obnoxious amount of noise nightly what if anything can I do

    3 months ago this started. I've spoken with him repeatedly about this and he has promised to stop. He knows I have a 15 month old baby and the late night noise seriously affects my sons sleep. We have 10 months remaining on our one year lease.

    Christopher’s Answer

    I agree that "obnoxious amount of noise" can be a relative term in that the same level of noise could bother one person and not another. I suggest you try making a recording. If the noise doesn't show up on the recording, you'd probably have a hard time prevailing in any action to force him to stop. If it does, I have seen judges listen to such recordings and order the upstairs resident to take corrective measures. I agree that a good first step could be a certified letter describing the problem and respectfully asking him to stop (or perhaps mitigate it if it's something a carpet could help with, for example).

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  • Half of my security deposit was withheld. I was given an list of what was broken, but not opportunity to refute.

    can the landlord really charge me for....... fire alarm batteries cracked glass on window (from weather)

    Christopher’s Answer

    I agree with the prior attorney. I would add that even if your landlord has complied with all of the security deposit requirements, any withholding must still be reasonable and must specifically exclude "wear and tear." Neither fire alarm batteries nor damage to a window that was not caused by you should be charged to a tenant. You should contact a landlord-tenant attorney as unlawful withholding of a security deposit is a serious violation of MA law the damages for which are triple the amount unlawfully withheld plus reimbursement for your attorney's fees and costs of suit.

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  • Landlord entered unit without permission or prior notice, can I call the police?

    Our landlord entered our apartment without our permission, and without prior notice. It was also not for an emergency. We have a surveillance camera that has a recording of her entering our apartment, which is also time stamped. Should I call t...

    Christopher’s Answer

    You may want to consider a civil complaint. A tenant has a right to privacy in his/her apartment. Your landlord's actions may be a violation of G.L. c. 186 s. 14, for which the damages could be three month's rent plus your attorney's fees and costs of suit. It could also potentially be a violation of the Consumer Protection Act if your landlord is a commercial landlord for purposes of that statute. You may want to discuss your options with a landlord/tenant attorney.

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  • Can a landlord in Massachusetts refuse to rent based on occupation? Specifically to lawyers? Sorry if I offend anyone here...

    I have heard many horror stories of how difficult attorneys can be as tenants, exploiting the system in this tenant-friendly state of Massachusetts & causing problems for the landlord -just because they CAN !!! My units are in great shape, in a ...

    Christopher’s Answer

    Because, as you mention, neither lawyers nor law students are members of a protected class, you can choose not to rent to them without violating the anti-discrimination statute.

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  • I live in a 3 family house, all 3 tenants are refusing to sign a new lease. Can the landlord evict us for not signing?

    The LL's have owned the property for just over a yr, we all signed the 1st yr. The 2nd yr they gave us a lease will illegal wording, ie: we cannot sue if we are injured on the property among other things. So we refused to sign, we all get along we...

    Christopher’s Answer

    If you don't sign the lease but keep paying rent and the landlord accepts those payments that you are likely a tenant at will at which point either you or the landlord can terminate the tenancy at any time with proper notice (at least 30 days). However, such an eviction action is considered no-fault and you would be permitted to bring any relevant counterclaims against the landlord. If you win any amount of damages, you win the case and get to stay in the apartment (assuming you don't owe any back rent). Having illegal provisions in a lease could give rise to a viable counterclaim. I suggest you contact a landlord-tenant attorney to discuss your options including what counterclaims you could potentially bring against the landlord.

    It's also worth noting that a notice of termination via email is potentially insufficient. You should have an attorney review all communications with the landlord to make that determination. In any event, you don't need to leave unless ordered to do so by a judge, so don't be intimidated by any communications from the landlord, a constable, or anyone else.

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