building a deck too closed to property line violated the the law? stairs are too closed to my fence? is it legal for them to build the stair too closed to my fence? is is state law require the deck to set back many feet from property line?
Setbacks are governed by your municipality's zoning bylaw or ordinance. I suggest you get a copy from your local building inspector or zoning enforcement officer. Even so, your neighbor may have obtained zoning relief from your municipality allowing him to locate his deck within the setback area. Also, stairs and certain other components are often not calculated for determining proximity to setback areas. Again, refer to your zoning bylaw or ordinance. If it turns out that your neighbor has violated the zoning bylaw or ordinance without obtaining relief, then you may have recourse against them. Best of luck to you!See question
I live in Massachusetts and have a family member that has abandoned a property that was in our family for multiple generations. As it is still in her name, do we have any action that can be taken to attempt a takeover? Our fear is that it will eve...
If you can show that you have an interest, present or future, in the property, you may have standing to assert a claim against the record owner for waste of the property and request a court to order that title revert in your name (or potentially in a class of persons sharing your interest). This is not easy and requires court action if the record owner does not consent to a transfer of title. Litigation can be lengthy and expensive. I recommend that you consult with a real estate attorney handling these kinds of cases so that they can do some preliminary research to determine what can be done to save the property and whose rights are implicated. Best of luck to you.See question
The tenant has a child under the age of 6 who is seeing a therapist. At the recommendation of the therapist, the suggestion was to lock the child in their room when they are having a temper tantrum until they calm down. The room currently does n...
I do not think it is the landlord's place to get involved in such matters. The tenant can simply put their own lock on the door if that is their desire so long as they are not violating any provisions of their rental agreement and if they provide the landlord with a copy of the key. I also recommend documenting any agreement or lack thereof on the matter of installation of the lock so that the landlord is protected from any related disputes.See question
Mother went broke too much spending her Husband life insurance she moved with sister collects husband pension and wants to hand the house to me with a mortgage to have her removed so she will be free so wants me to take over everything and keep t...
Your mother can simply deed you the property. However, the only way to have her removed from the mortgage and the underlying note and you added is if you refinance the property or if the lender holding the present note allows you to assume the note. If your mother deeds you the property without obtaining her lender's consent, she will likely be in breach of the mortgage. Most mortgages contain acceleration clauses, which are triggered by certain transfers of title. There are many things you and your mother should consider before hastily changing the title to the property. One such consideration is how a transfer could affect her qualifying for Medicaid coverage if she ever needed to live in a nursing home. Transfers of assets can trigger ineligibility if made within a specified lookback period. Before you take any steps, you should seek counsel of a real estate and/or estate planning attorney so as to best protect the asset and yourselves. Best of luck to you both.See question
I am interested in purchasing a condo in Massachusetts, the only problem is that it is currently occupied by renters. If I buy this condo with the purpose of using it as my primary residence, do I have legal right to vacate these tenants?
The first question to ask is what are the terms of the tenants' rental agreement. This will dictate your rights. If you must have the property vacant at the time of closing then the offer you make on the property should reflect this requirement. The sellers will then either accept this condition or not and, if so, they'll be responsible for delivering it vacant, which means they'll have to undertake the efforts of terminating the tenants' tenancy. I highly recommend that you hire a real estate attorney to draft your offer for you to ensure that you are adequately protected. If you do decide to purchase the property occupied, there are many other considerations you must take into account, which a landlord/tenant attorney can guide you through. Being a landlord in Massachusetts is serious business. Good luck!See question
My landlord provided email confirmation that she had received our full security deposit equal to one month's rent (just saying "yes, I received it in this month"), but she did not provide us with the bank account information where the deposit is b...
From the information you provided, it sounds like you are still in possession of the premises you rented. If that is the case, you are entitled at this point to the immediate return of your security deposit and the illegal pet deposit and would need to make a written demand for this. If after the demand is given, your landlord refuses to return the funds to you, then you would be entitled to file a claim in court for their return and would, at that time, be entitled to treble damages, attorney's fees and costs. Since the Security Deposit statute is complicated and does provide for the award of attorney's fees, I recommend you consult with an attorney if it gets to that stage. Most will take that kind of case on the contingency of recovering an award of attorney's fees.See question
I am selling my martial home via short sale in my divorce . Paperwork was sent over that mortgage company approved short sale but there was a municipal lien attached - what does this mean and how quickly can I resolve it and what do I do to resolv...
Your representative or short sale negotiator should obtain figures from the municipality, including accrued interest, through the projected closing date and prepare a settlement statement that includes these figures as well as the rest of your closing costs and provide this to your lender(s) for their review and approval. Some lenders will have limits on what costs they will absorb. But, in any event, the municipal liens and any other outstanding liens will need to be released in order for you to transfer clear title to the property to the buyer. A short sale is very much like a regular transaction except that, in most cases, the seller brings nothing to the table and gets nothing from the transaction. Liens still need to get released notwithstanding the transaction being a short sale. And, the buyer's attorney or closing attorney will do a full title exam that will reveal any liens outstanding. Best of luck to you!See question
The 2 family house is in Massachusetts. I have seen the dog. I have photos of the dog in the window.
It depends. Are they in violation of a rental agreement or lease by having the dog? If so, then you may have grounds for terminating their tenancy. If you have evidence, continue to obtain it and send your tenants a letter requesting that they cease and desist from having dog or they may face legal action taken to remove the dog from the premises. It may be helpful to give them a certain amount of time to remove the dog so that they can provide a proper home for it. Be sure that you keep good track of all communications with the tenant and get them in writing whenever possible. Oral agreements and promises will do you no good. If you are unsuccessful going this route, you may need to hire an attorney and obtain legal assistance. Be sure to get all the facts up front before jumping to conclusions. You do not want to be evicting a service animal! Good luck.See question
I,moved into my house i bought but the tendents on the property dont wan't to move.The ex-owner already gave them a year to move out,but they refusing to do so what can i do to get these people off my property,but i wan't to do it the legal way.
It's unclear from your question as to how the previous owner gave your tenants a year to vacate the premises. Was the agreement oral or did they enter into a written rental agreement? The answer will impact your next move. You should consult with an attorney to determine what your rights are and what your next step should be. If you are new to landlording, I caution you from taking the law into your own hands. Being a landlord in Massachusetts is tricky business with serious ramifications. Best of luck to you.See question
In 10/2013 I started having bed bugs in my apartment. I was being bit and I saw them. It took 5 calls and a whole month for my apartment building to send someone. To exterminate it took a whole month. Right after that there was an infestation o...
You are responsible for the rent for the months there were problems, but subject to a reduction based on the loss of value in the rented premises because of the conditions. You should work to reach an agreement with your landlord regarding an appropriate amount. From what you have described, you may have claims for both breach of the covenant of quiet enjoyment and breach of the warranty of habitability which could provide you with some bargaining power in trying to reach agreement with your landlord. Keep in mind that if you were to pursue those claims, the likelihood of your success depends wholly on the evidence you have regarding the conditions. You can try to negotiate with your landlord directly or alternatively hire an attorney to work on your behalf to pursue settlement or the claims.See question