I'm a landlord who is trying to evict my tenant. He filed interrogatories and something else and I answered them. I want to ask him the same questions -- can I do this? He wants a jury trial
Yes. However, you will have to file a motion with the court asking leave to file discovery. That should be allowed as long as not too much time has passed. You should act quickly. The rules on discovery are set up to favor tenants in that a landlord will not know whether he or she should seek discovery until after a tenant has filed an answer with counterclaims, at which point the deadline for filing discovery has passed. I almost never file discovery on behalf of my landlord tenants because usually it is a waste of time because the issues are straightforward. However, where a tenant has requested a jury trial, you will want discovery. Good luck with this problem. You should hire a lawyer because the rules of procedure and evidence are complex even in an eviction case.See question
A patient was diagnosed with Alzheimer's. When she was in the hospital she apparently had enough cognition to state she wanted her trustee removed. That request was granted and am curious to know why her request was granted. I was told her forme...
The name of the diagnosis is not controlling, but rather, whether the person had the mental capacity to understand what he or she was doing. It appears from your question, that this patient was found to have such capacity. I hope this answers your question.See question
I have 5 months left on a lease in which my bf and I both signed.The past 4 months have been a living hell for me.he has become extremely verbally n mentally abusive ,makes constant threats n the past 6 weeks his abuse has become physical .he has ...
Yes, under a law passed in 2013. Here is the law: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section24
Here is some useful information about how to use that law.
I see you are in Cambridge. This is the website for the Cambridge Women's Center, which provides services to victims of domestic violence. Please contact that program. It is very helpful. Good luck with this terrible problem Of course, consulting a lawyer is aways helpful in addressing legal issues.
listing my condo for rent. The inquiries I have received have been very questionable as far as their financial stability and if I let this go any further, I want to know if it is legal for me to charge for a credit and background check.
I would say no., although I have heard lawyers argue otherwise. The relevant statute, Chapter 186 section 15(b), is pretty specific about what a landlord may or may not charge at the inception of a tenancy. Here is the language:
(b) At or prior to the commencement of any tenancy, no lessor may require a tenant or prospective tenant to pay any amount in excess of the following:
(i) rent for the first full month of occupancy; and,
(ii) rent for the last full month of occupancy calculated at the same rate as the first month; and,
(iii) a security deposit equal to the first month's rent provided that such security deposit is deposited as required by subsection (3) and that the tenant is given the statement of condition as required by subsection (2); and,
(iv) the purchase and installation cost for a key and lock.
I hope this answers your question. Good luck with your rental. You would do well to consult with a landlord tenant lawyer about the ins and outs of Massachusetts landlord tenant law. It can be complicated, and you want to make money, and avoid problems.
I'm also still being charged
This question should be in the section for contracts and consumer, as it does not appear to raise any ethics or professional responsibility issues. I believe I have transferred it there.See question
I'm currently in the process of getting divorced. My husband has been avoiding the sherif that I've paid to serve him with divorce papers. I need to know if he is able to have a judge tell me that I can't allow my children to be around my current ...
A party may request anything, but that doesn't mean that the request will be granted. There are too many unknown facts in your question to provide an adequate response. The Family Court Judge listens to the testimony and reviews the other evidence, and makes a decision regarding custody and visitation based upon what is in the best interests of the child. That is the standard. If the opposing party can show that having the boyfriend present is not in the best interests of the child, then that likely is how the Court will rule. You will have the opportunity to present your evidence to the contrary. You should hire, or at least consult with, a lawyer if you want the best possible outcome. Good luck with your case.See question
The lease has a few more months before its expiration. There is no clause that states they can break the lease if they give notice. However, I asked if they would allow us to show the property and ,if we find a new tenant soon, they will be rele...
No, unless you specifically made an agreement with them to that effect. You have the right to show the property to prospective tenants or buyers. The tenants are liable for the balance of rent for the remainder of the lease, unless there is a lease provision otherwise, although a landlord must take reasonable steps to mitigate his or her losses, i.e., try to secure another tenant, which it appears you are trying to do. You are permitted to retain the security deposit for unpaid rent pursuant to Chapter 186 section 15(b). I hope this answer your questions. Good luck.See question
I was a pro-se in my divorce, the case bogged down, and I hired a lawyer, who made some good progress but was too busy to keep momentum while the other side dragged at every opportunity. Now I wish to be pro-se again. When I read the conditions u...
Returning to pro se is considered a change of appearance. A party may disengage his lawyer, and return to pro se status. However, once a lawyer enters an appearance in a case, withdrawal is contingent upon approval by the Court. A lawyer would have to file a motion for leave to withdraw from the case, which would have to be allowed by the court before a party can again appear pro se. The rule regarding pending motions is there so that there are no outstanding matters that the court must deal with before a lawyer withdraws. From what I've read here, I do not see why the lawyer cannot file a motion to withdraw, and schedule it for hearing after the court rules on the present motion, or simply wait until the motion is ruled on. I do suggest that you continue with a lawyer, you will have a better outcome. Lawyers know the rules of procedure and evidence and can present the best case for you. Good luck with this.See question
I responsible to pay rent for the remainder of the lease until he gets a new tenant to take it over.
If a tenant vacates the premises prior to the end of the lease, the tenant is responsible for the balance of the rent due under the lease, unless there is a provision otherwise contained in the lease, and there usually is not. That does not mean that the landlord may simply sit back and go after you for all the rent due. He or she must mitigate the losses. That means that the landlord must take reasonable steps to find another tenant to fill the vacancy. He and or she may keep the security deposit as unpaid rent, pursuant to Chapter 186 Section 15(b). I hope this answers your question.See question
How would I send a letter of trespass to a neighbor who has frequently been seen on our property, to ensure it does not happen again?
I agree with Attorney Roa. I usually send a copy to the police department to place it on notice of my intent to treat the person as a trespasser. That will make is easier if you do have to call the police. Good luck with this.See question