Daniel T Blake’s Answers

Daniel T Blake

Attleboro Business Attorney.

Contributor Level 10
  1. My current landlord is using a portion of my electricity? He has made no arrangements for me to deduct from rent.

    Answered over 4 years ago.

    1. Daniel T Blake
    2. John Keramaris
    3. Michael L. Tumposky
    3 lawyer answers

    A more detailed explanation will be requested by counsel, but as your landlord is using electricity paid for by you the landlord is most probably violating provisions of the MA State Sanitary Code. (I say most probably as there is at least one circumstance where the landlord is allowed to use such electricity is the landlord makes the required disclosures to the tenants.) You should contact your local health agent to explain the problem and then an inspection. This may result in an order...

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  2. What if my landlord filed acounterclaim against me? I decided to drop the claim bu received a late court summon.

    Answered almost 3 years ago.

    1. Daniel T Blake
    1 lawyer answer

    Initially you should contact the office of the Court Clerk / Magistrate in the court where you filed the action. The civil desk will be able to tell you the results of the case for which you did not appear. There is more than one possibility. You should have your papers in your hands when you contact them and a personal visit to the court might be more productive than a phone call. Once you start a court action you do open yourself up to counterclaims. You can dismiss your claim, but if...

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  3. What are my rights as a tenant when the landlord wants me to pay for regular building maintenance?

    Answered almost 4 years ago.

    1. Daniel T Blake
    2. Christopher W. Vaughn-Martel
    2 lawyer answers

    Hello, Based upon the limited facts provided my take on your situation is - Addressing first your question about the requested contribution to the cost of cleaning the furnace - The Massachusetts Sanitary Code is part of the Code of Massachusetts Regulations (see http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr410.pdf). Such Sanitary Code is a body of regulations from the the Mass. Department of Public Health and have the force of law. At 105 CMR 410.200: "Heating Facilities...

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  4. Am i obligated to pay my rent if I have a bed bug infestation?

    Answered over 4 years ago.

    1. Daniel T Blake
    2. E. Alexandra Golden
    2 lawyer answers

    Rent withholding is one option, but you must be up to date on your rent when you give the landlord a proper written notice that you will be withholding your rent. Another option is to contact your local health agent to request an inspection. Another option that may be available is to do the "repairs" and deduct up to 4 months rent in accordance with the specifics of the appropriate statute. Two things you should consider are: (1) join with other tenants in your building as the type...

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  5. Do nursing homes ever allow patients to leave?

    Answered over 4 years ago.

    1. Daniel T Blake
    2. E. Alexandra Golden
    3. Tami Leigh Diebel
    3 lawyer answers

    A person enters a skilled nursing facility (i.e., a nursing home) either because they need such confinement for medical reasons or because they are unable to perform certain daily functions for themselves. These would include feeding, dressing, bathing, etc. You should consider whether you are in the nursing home because there is no other way for you to receive needed care, such as inhalation therapy or certain types of medical treatment, except from a doctor or nurse. In the alternative,...

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  6. I rent an apartment as a tenant-at-will In MA. If house is forclosed on and sold at auction, can I be forced to move?

    Answered over 4 years ago.

    1. Daniel T Blake
    1 lawyer answer

    As you are a lawful tenant you will have the same rights as a tenant at will after the foreclosure sale. As with now, however, the new owner will be able to terminate your tenancy by a 30 day notice, so-called, to a rent day. (This means that by statute and case law the written notice must be delivered to and received by you at least 30 days before the rent day on which they chose to terminate your tenancy.) You will need to be careful to keep your rent payments up to date or they will be...

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  7. If you are an tenant at will can a landlord evict you from the premises after the 14 day noticed that was given to you from him?

    Answered over 3 years ago.

    1. Daniel T Blake
    2. Christopher W. Vaughn-Martel
    3. Philip W. Mason
    3 lawyer answers

    In MA, the landlord must always terminate the tenancy before beginning a summary process (eviction) case. If the grounds for eviction are non-payment of rent under a tenancy at will, the notice terminating the tenancy must give at least 14 days notice. See Mass General Laws chapter 186, section 12. If there is a lease the notice in a non-payment situation may also be a 14 day notice, or it may be given under differing provisions of the lease, if any, covering such a non-payment situation....

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  8. Is it legal for a landlord to extend my lease for another 3 years after he sells the house???

    Answered over 3 years ago.

    1. Stephen G DeNigris
    2. Daniel T Blake
    2 lawyer answers

    I have not a lot to add to what Atty. De Nigris has offered above. I will stress that, as he suggested, you should have the specific terms of your lease reviewed by a local attorney who will also review the specific facts of your situation before offering advice. You might also check on the facts so that you can explain what you mean by "after" the sale. Had the original landlord actually closed (and deeded the property) to the "new" landlord, or had they merely signed a Purchase and Sale...

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  9. My tenant has died. Sole child has not removed his belongings. We have left her voice mails and sent letters. No answer.

    Answered over 3 years ago.

    1. Candace L. Hodge
    2. Daniel T Blake
    2 lawyer answers

    I will avoid repeating the advice given above by Atty. Hodge other than to agree that these are always difficult situations. I wish you the best on resolving it without delay and I hope without excessive expense. I strongly suggest that you follow the advice given above. I particularly wish to join in the recommendation that you get the advice of an attorney on this matter. In your consultation your attorney will be able to discuss the facts with you in much more detail than in your short...

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  10. Can landlord make me move to another one of his apartments so he can move into mine?

    Answered over 3 years ago.

    1. Daniel T Blake
    1 lawyer answer

    You don't mention whether you have a lease or are a tenant at will. If you have a lease, Landlord may request that you amend your tenancy by changing apartments and other terms or your tenancy, but you have the right to decline. The landlord will then have the right to decline to extend your tenancy beyond the term of your lease. If you are a tenant at will, you may decline in this situation also, but the landlord may then decide to deliver a 30 day notice (so-called) to you for the...

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