Ayanna Ormond McPhail’s Answers

Ayanna Ormond McPhail

Brookline attorney.

Contributor Level 9
  1. Tenant at will agreement

    Answered 7 months ago.

    1. Ayanna Ormond McPhail
    2. Christopher R. Whittingham
    3. Ernest H Hyde
    4. Michael J. Szklasz
    5. Christopher W. Vaughn-Martel
    6. ···
    7 lawyer answers

    I think in your circumstances a notice to quit and notice to vacate are the same thing. You need to provide 30 days notice and the 30 day period must end on a day that rent is due. Assuming rent is due on the first day of the month, notice given today would be effective for January 31, 2014 vacate date.

    7 lawyers agreed with this answer

  2. Does the landlord have the right to live in my apartment? he harrasses me,,,uses my things,,turns the heat off,,etc.

    Answered over 1 year ago.

    1. Ayanna Ormond McPhail
    2. Christopher McHallam
    2 lawyer answers

    Assuming that you are a tenant living alone, and not a roomate, your tenancy, either at-will or under a lease gives you the right of possession to the apartment. You have the right to exclude others including the landlord--except as provided by the lease and circumstance. It is a matter of common sense, what is in your lease, and the law that the landlord, the owner of the property, would have the right to enter in a case of emergency, at reasonable times, with reasonable notice to inspect,...

    5 lawyers agreed with this answer

  3. I got a 14 days notice to quit for not payment so strict,because i had asked to my landlodr to fix a trouble in the apartment

    Answered over 1 year ago.

    1. Ayanna Ormond McPhail
    2. Christopher Saccardi
    2 lawyer answers

    You may not be evicted for non-payment of rent if you have paid the rent you owe before the end of the 14 day period. Technically, you may have longer than that, but in your case you paid. The important thing is that you have proof of this payment, and all payments including the last month and security deposit you mentioned above. You may not be evicted for reasons other than those stated on the notice to quit. The notice period for an eviction for reasons other than the non-payment...

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  4. What is the proper procedure to evict a tenant at will for nonpayment of rent? How much will it cost?

    Answered over 1 year ago.

    1. Ayanna Ormond McPhail
    2. Christopher Saccardi
    3. John Laughlin Fink
    3 lawyer answers

    I agree the first step is to serve the tenant with a 14 day notice to quit for the non-payment of rent. The link to the statute is below. I also advise that landlords obtain counsel. There is a "cost" to lost time, which is the rent lost while the eviction is pending.

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  5. I am concerned for me and my family's safety. I got kicked out of my apartment 3 years ago.

    Answered over 1 year ago.

    1. E. Alexandra Golden
    2. Ayanna Ormond McPhail
    3. Erik Hammarlund
    3 lawyer answers

    I am not sure I completely understand the situation, except that you fear you may be threatened. There is an anti-harassment statute that allows you to seek a restraining order against another with evidence of at least three incidents where the other sought to hurt or intimidate you and did hurt or intimidate you. If you experience an incident of harassment, call the local police, file a police report and save text, e-mail and telephone messages. If you continue to be harassed, seek a...

    4 lawyers agreed with this answer

  6. What constitutes an "infestation" of mice?

    Answered over 1 year ago.

    1. Ayanna Ormond McPhail
    2. Christopher Saccardi
    3. David B Pittman
    3 lawyer answers

    In my opinion, if you are catching two mice a week, you have an infestation of mice. Under the sanitary code the landlord has an obligation to make sure the premises is free from rodent activity. Since you and your landlord disagree that this is an infestation, a visit from the local health department/inspectional services department should be the next step. After the health department documents the visit and assuming it finds an infestation (which means the recurrent presence of mice), your...

    4 lawyers agreed with this answer

  7. I am a Residential Councilor who recently told my employer last month about my pregnancy. Started to see a change in pattern...

    Answered over 1 year ago.

    1. William T Harrington
    2. Ayanna Ormond McPhail
    3. Robert M Fortgang
    3 lawyer answers

    Based on what you wrote, I think you should discuss your situation with an attorney. Please be aware that a charge of discrmination must first be filed at the Massachusetts Commission Againt Discrimination and there is a short statute of limitations. You only have 300 days from the last date of discrimination to file a charge.

    4 lawyers agreed with this answer

  8. Can my landlord disclose my disability status

    Answered 7 months ago.

    1. Ayanna Ormond McPhail
    2. Craig J. Tiedemann
    3. Erik Hammarlund
    3 lawyer answers

    You are protected by Federal laws and Massachusetts General Laws chapter 151B from discrimination based on your disability. This would arguably cover any communication of your disability by the current owner to the prospective owner. It may also cover the conduct of the prospective owner toward you based on your handicap. Please note that if the house is owner-occupied the statutes may not apply.

    3 lawyers agreed with this answer

  9. Hi there, If I have been employed for 4 years without a contract, can my employer then put in place a contract

    Answered 9 months ago.

    1. Ayanna Ormond McPhail
    2. Erik Hammarlund
    3. Pamela Anne Smith
    4. Henry Lebensbaum
    4 lawyer answers

    Since you are an employee at will, your employer can change the terms of your employment without notice to you. Your employer may not by contract, or otherwise, change the terms to illegal terms. Employers commonly ask for the courtesy of notice, but as a legal matter, there is not much, if anything, they can do if an employee does not provided such notice. It is illegal to penalize an employee who does not give adequate notice by taking their accrued vacation time. In Massachusetts...

    3 lawyers agreed with this answer

  10. I need to start eviction process for tenant who is renting in Newton, MA. What court do I get the Summary and Complaints from?

    Answered 9 months ago.

    1. Julie Court Molloy
    2. Ayanna Ormond McPhail
    2 lawyer answers

    Your town is not included in the jurisdiction of the Northeast Housing Court, so you could file in the district court where the property is located.

    3 lawyers agreed with this answer