Nicholas J. LaFountain’s Answers

Nicholas J. LaFountain

Watertown Divorce / Separation Lawyer.

Contributor Level 8
  1. Do I have to pay a rental fee?

    Answered about 2 years ago.

    1. Nicholas J. LaFountain
    2. Michael T. Cupoli III
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    What damages you have to pay when you break your lease vary depending on the facts of the case. If you leave early, you are liable up to the full amount of rent still owed minues what the landlord is or should have been able to "mitigate." If you truly left early, and the landlord is claiming their damages are only a reasonable fee charged by someone who found them a new tenant in time to avoid you paying rent for the place you no longer occupy, then by not paying it you risk a judgment...

    2 lawyers agreed with this answer

  2. Can my ex-wife fight a divorce decree in another state?

    Answered about 2 years ago.

    1. Elliot S Coren
    2. Philip W. Mason
    3. Jaye L. Samuels
    4. Henry Lebensbaum
    5. Nicholas J. LaFountain
    6. ···
    6 lawyer answers

    The divorce decree / judgment, etc., may play a role. However, an initial inquiry should focus on what ties, if any you have to Massachusetts. Mass would likely have subject matter jurisdiction over the children if they resided here as long as you say. Whether Mass has personal jurisdiction over you is an entirely different question. If you have no ties I think you would prevail on a motion to dismiss. If you have any ties the ties would need to be evaluated against the law here. If...

    1 lawyer agreed with this answer

  3. OUI FEES

    Answered about 2 years ago.

    1. Michael Howard Erlich
    2. Nicholas J. LaFountain
    3. Jessica Ann Foley
    3 lawyer answers

    A fee to take a breathalyzer? That does not sound right. Like the poster above, it sounds like you are asking if you really have to pay a resinstatement fee, which is typical.

    1 lawyer agreed with this answer

  4. What is my landlords responsibilities if I get injured on the property?

    Answered about 2 years ago.

    1. Paul Y. Lee
    2. Nicholas J. LaFountain
    3. Robert Alan Huber
    3 lawyer answers

    If you fell and were injured because a required railing was removed you likely have a good claim that the landlord is at fault. But a complete assessment is not possible based solely on what you have written. Defenses to the claim also need to be assessed, including comparative negligence, causation and damages.

    1 lawyer agreed with this answer

  5. If I married in 2010 to a Ghanian in Accra Ghana and I am a US citizen and live in USA, can I marry here without divorcing?

    Answered about 2 years ago.

    1. Thuong-Tri Nguyen
    2. Mark L. Alexander
    3. Frances Turean
    4. Nicholas J. LaFountain
    4 lawyer answers

    No, you cannot simply pretend you did not get married if you legally wed.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My father was arrested in1995 and deported and band from the US for a felony can he get a pardon

    Answered over 3 years ago.

    1. Howard M Lewis
    2. Ismail Mohammed
    3. Dominic L. Pang
    4. Nicholas J. LaFountain
    4 lawyer answers

    The possible variables make your question very difficult to respond to. If he was convicted and wants to overturn the same, he would need to establish grounds for a new trial. If you are only hoping to bring him back to the US, his criminal record and circumstances surrounding his deportation need to be analyzed to determine if he is now admissible or can obtain a waiver. If he is eligible for admission (provided a visa is available), as long as you are 21 and able to provide suitable...

    1 person marked this answer as helpful

  7. Is a petty theft misdemeanor can prevent me from getting a citizenship I had to pay fine and put on a court probation

    Answered about 2 years ago.

    1. Steven Mark Sweat
    2. Lauren Craig Redmond
    3. Nicholas J. LaFountain
    3 lawyer answers

    The attorney directly above is spot on. It is highly unlikely to have been expunged. Sealed perhaps but expunged after pleading guilty I really doubt. As for immigration consequences, you are probably going to be ok and eligible for citizenship once 5 years passes (if not sooner based on an exception). But petty theft is too loose a term to assess, as is probation (some probation is implemented in connection with a suspended sentence). You should review your actual CORI / docket sheet(s)...

  8. Are these issues grounds to break a lease?

    Answered about 2 years ago.

    1. Erik Hammarlund
    2. Christopher W. Vaughn-Martel
    3. Nicholas J. LaFountain
    3 lawyer answers

    I would never tell someone to simply go ahead and break a lease because a tenant saw a mouse or two, some ants, and what appears to be mold to the naked eye. Too much risk you would be held liable for the balance of rent owed. However, you are not without recourse or possible claims (potentially including a claim to void the lease). In order to get a full assessment, I suggest you immediately contact your local Board of Health for a complete inspection. Then make an appointment with a...

  9. Do they have to delead the apartment? Also, can they refuse to resign if/because I'm pregnant?

    Answered over 3 years ago.

    1. Candace L. Hodge
    2. Nicholas J. LaFountain
    3. Jeffrey K. Varszegi
    3 lawyer answers

    I am not sure if they will check before the baby is born, but after your baby arrives your local board of health will likely inspect for lead if you request them to. The above response is correct though - if you are concerned about lead, you should notify the landlord now to have them inspect and hopefully remediate before you baby is born. It is far easier for both the landlord and yourself to remediate before the house is full of baby furniture and clothes. Your notice should also be...

  10. I am married with a US citizen...i had a interview twice & i am denied twice.Now my wife wants a divorce...i am about to

    Answered over 3 years ago.

    1. Nicholas J. LaFountain
    2. Rehan Shams Alimohammad
    3. Syed Wali Raheen
    3 lawyer answers

    Were both 485's filed per your marriage to your wife? Had anyone filed for a visa for you during your first couple of years here (brother, sister, parents)?