Alan Stanford Fanger’s Answers

Alan Stanford Fanger

Wellesley Litigation Lawyer.

Contributor Level 9
  1. Landlord caught breaking law

    Answered about 5 years ago.

    1. Alan Stanford Fanger
    2. Jason Y. Chan
    2 lawyer answers

    if the landlord entered your apartment secretly for a purpose other than for making repairs or another emergency, in my opinion that would be grounds for termination of your tenancy. You have a few options available to you. On the criminal side, you can file an application for the issuance of a criminal complaint. This will require you to go to the district court for the area where you live and "swear out" a complaint. On the civil side, you can sue the landlord for something...

  2. I am estranged from my family and was in a will from my grandparents.They have died and I think the family

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    Under Massachusetts law, the will must be filed within 30 days of death in the probate court in the county where your grandmother last lived. If you don't know where she last lived, there are private investigators who, for a small fee, can find the last known address within a day or two. There are significant liabilities associated with administering the will without giving you your distribution and persons administering estates incorrectly, so you should resist thinking you were not...

  3. What do I do if someone sent me a 1099, but I never worked for them in 2008?

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    There is a federal law that provides a civil penalty of $5,000 or your actual loss (whichever is greater) plus attorney's fees for false information reporting to the IRS. I can provide the reference to the statute if you need it.

  4. I bought a preowned car that broke after 2 wks

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    2. Ronald Lee Burdge
    2 lawyer answers

    Based on the facts as you have related them to me (most notably, the fact that the dealer has had possession of the vehicle for the amount of time you so state), you are entitled to substantial relief under the Used Car Lemon Law. The relief would include a refund of the down payment, any and all interest and finance charges, destination charges, sales tax and any excise tax you may have paid to date. From this amount there is deducted a usage charge, which is a function of the...

  5. How much notice do I need to give a tenant that a lease will not be renewed and can I show the home while the lease is active?

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    2. Christopher W. Vaughn-Martel
    3. Okorie Okorocha
    3 lawyer answers

    The existence of the lease for a one-year term negates any need for you to provide notice to the tenant. As of the last day of the lease, the tenancy terminates by operation of law. If the tenant "holds over" after the expiration of the lease, you may commence eviction proceedings without the need for a notice to terminate the tenancy. The lease probably has language governing your right to show the apartment. In the absence of any such language, the law would provide that...

  6. Water Bill

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    Thanks for your question. I am assuming that you and the builder entered into a written purchase and sale agreement. That agreement typically has a clause that says that amounts for taxes and water, if not known, are "equitably apportioned" among the parties based on their ownership. This is another way of saying that if there was a written P&S then I suspect the builder is responsible for that bill. The closing attorney may also have liability depending on the facts. I suggest that...

  7. Rights

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    Your husband may have rights under three different laws: (1) The workers compensation statute, which prohibits an employer from discriminating against an employee for filing a workers compensation claim; (2) The Family and Medical Leave Act, which allows an employee to take an unpaid leave of absence and requires the employer to hold open the employee's position (or a position comparable in responsibility and pay) once the leave period is completed and the employee is ready to return to...

  8. Terminated for asking for short term disability paperwork from HR Department.

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    2. Jay M Wolman
    2 lawyer answers

    Thanks for your question. I am very sorry to hear about your job loss. There are two separate questions here: (1) Is there a basis for a claim of discrimination based upon disability; and (2) Can you make a claim under your former employer's short-term disability policy despite no longer being employed by the company? An employer may not terminate an employee because that employee has a disability or is regarded by the employer as being disabled. Filing a claim under an STD...

  9. We have had our sewer back up 7x in the last 2.75yrs. we have 2 small kids and need some legal help please.

    Answered over 5 years ago.

    1. Kevin W. Davidson
    2. Vincent Thomas Pallaci
    3. Alan Stanford Fanger
    3 lawyer answers

    I am presently representing 14 owners of condominium units in Taunton, MA who experienced two episodes of sewage backup within 8 months. I have brought suit on their behalf against the city of Taunton as well as the trustees of the condominium complex where this occurred. Backups of sewage usually occur because the municipality (city, town or township) either does not maintain the sewage (e.g. fails to clean pipes) or allows stormwater to mix in with the wastewater, thus overwhelming...