The property in question came from parents estate but was not sold with the estate. So basically, all 5 now own a 1/5th share in the property. There is a legitimate offer (slightly over market value) on the table to sell. Does there need to be ...
However you and your siblings reach on agreement to sell is up to you, but ultimately the purchase and sale agreement and the deed transferring the property to the buyer will need to be signed by all of the owners. You cannot compel them to sell the property or sign the deed short of court intervention. One way to force a sale is by filing a partition to partition, but this is costly and very time consuming. The buyer would likely walk rather than await a court order forcing the sale. One way to appeal to any siblings not interested in selling is by providing them with clear evidence of why it would be in their interest, financial and otherwise, to sell. Providing them with data verifying that the purchase price is fair and reflects the market value for the property would be helpful. But you this data needs to be objective data, such as a broker's comparative market analysis, and not just opinion. Also, you should detail for them the continued expenses they will incur if the home is not sold (taxes, insurance, maintenance, repairs and other expenses). Finally, owning an asset with others makes them susceptible to lawsuits and other potential liability. Best of luck to you and your family!See question
I have been having a dispute with my landlord over my dog. I asked of I could get a dog, they said yes and approved this particular dog. Later they changed their mind. I chose not to remove my dog as I feel I have a strong court case. This all hap...
Without knowing the specific contents of the notice to quit it is difficult to tell whether you are being terminated for cause or whether it is simply a 30-day NTQ. In either case, the notice must be legally sufficient in order to terminate your tenancy. I recommend that you bring your rental agreement, any correspondence and a detailed summary of the facts to a landlord / tenant attorney for analysis and to advise you of your rights and/or defenses to a possible eviction, if it comes to that. Best of luck to you.See question
My mortgage has been sold to a new lender. Is my home still covered under the Homestead deed I filed or do I need to file another one?
So long as there has been no change in title and if your homestead was filed correctly and it accurately identifies you and the property (which must be your primary/principal residence) then there is absolutely no need to file another one. A recent change in the law covers just this scenario. If you are unsure about the status of your homestead or are second guessing how it was filed, simply download a copy from the Registry of Deeds serving the area where the home is located and have an attorney take a quick look.See question
can i ask tenant to put electric and gas in her name or shut it off cause she is not paying rent and that's included in rent
Absolutely not. By law, you are prohibited from interfering with your tenant's utilities. That said, if your tenant is not paying her rent, your best course of action may be to terminate her tenancy for nonpayment of rent. I don't recommend that you go about this without legal assistance as navigating the eviction process is extremely technical and one foul up could cost you thousands. Just think, winter is coming, utilities are your responsibility and rent is not being paid. Not a good situation by any stretch of the imagination. There are serious consequences for interfering with a tenant's utilities, including damages equal to no less than three months' rent. Tread cautiously.See question
looking to evict she does not want to pay rent and owes back rent
Your rights depend on the terms of the rental agreement you entered you. Depending on the terms of the agreement, the remaining tenant may be responsible for the rent in its entirety. But, without knowing more about your situation, it's hard to tell. I would caution you about renting room by room as you may be operating an illegal rooming house, which can have serious consequences. That said, you may want to take your lease or rental agreement to an attorney along with a detailed summary of the facts and an accounting of what is owed and what sums have been paid by the tenant to you in advance such as last month's rent and/or security deposit. The attorney can analyze the situation and put you on a course to resolve it. Best of luck.See question
Apparently in the lease, there was a clause that if I don't cancel after a year. Then my lease will automatically roll into a five year lease. Business is poor, and I want to close out the business. However, I have to keep the business since I ...
You can certainly try to negotiate with your landlord for an early termination. You should bring your lease to an attorney for review to determine the legality and enforceability of the extension provision and also to assist you in negotiating a settlement, if one can be reached. Any early termination agreed upon must be in writing and satisfactorily resolve any open issues so that you don't have to worry about your landlord coming after you down the road for unpaid rent, etc. Best of luck.See question
It's a 3 year commercial lease. I'd like to know if the court orders me to pay the landlord the remainder of rent for my lease term after eviction, and I do not pay what will happen?
Your landlord will become a creditor and may pursue legal remedies against you, including supplementary process, which is another court action a creditor can pursue to collect on a judgment. You should seek legal assistance to determine whether or not you may have defenses you can raise to mitigate your damages. Best of luck.See question
My partner and I with our 6 year old son and a cat just got evicted out of our apartment. We were in a car accident that messed up out finances as well as made our life more difficult. We talked to the apt people and they were ok with the situatio...
First off, I am so sorry about your situation and hope that things will improve quickly for you. Your question leaves out some important details. Were you able to reach an agreement for judgment that allowed you to stay in the rental while agreeing to a payment plan? This agreement is something that would have been filed with and allowed by the court. If so, did you breach the payment plan causing your landlord to move forward with your removal from the rental? A landlord cannot simply move you and your property without having court ordered authority, namely an execution, to do so. And, even with an execution, a landlord must follow very specific procedures and handle your property in the correct manner. If you feel that your landlord handled the eviction improperly, you may want to consult with a landlord / tenant law attorney.See question
A builder tore down all of the trees on a typical 1/4 acre lot in a residential neighborhood. I live below this house and expect that we will now have water problems based on him removing a plethora of massive trees. The developer hasn't built the...
If any permitting or town approvals have been given for the development you should obtain a copy of the relevant files to see what has been approved and how it compares to what is actually happening on the ground. You may be able to request a cease and desist order from the building inspector/building department if there has been noncompliance. But, since you are going to be neighbors, it may make more sense to go the less adversarial route and right a letter to the developer. If the developer is represented (you should be able to figure that out if they had legal representation during any permitting), then it couldn't hurt to direct the letter to the developer's attorney. You should try to get as much information up front before your next move.See question
Rent is payable monthly on the first of the month. If the lessee gives notice on the 15th, can they leave the following 15th and pay a half-month's rent for the following month?
Massachusetts General Laws Chapter 186, Section 12 provides that tenancies at will may be terminated by either Landlord or Tenant "by three months’ notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer." In your case, where rent is payable each month, then the tenancy can only be terminated by giving the longer of 30 days' notice or the interval between days of payment. This means that even if your tenant terminated the tenancy on the 15th of the month, their tenancy wouldn't expire until over a month later on the rent due date. So, for example, say they gave you notice on 10/15, their notice wouldn't expire until 12/1. The tenant would be responsible for the rent for the entire month of November. Now, this can all be modified by your rental agreement, if you have one in writing. Take a look at it. Some landlords permit a mid-month move-out and, in such cases, the rent would be prorated. But, if this is something you would like to avoid in the future, I suggest that you put such a prohibition in writing so as to head off these kinds of requests from tenants. Now, if your current agreement doesn't permit a mid-month move-out and the tenant is obligated to stay through the next month, it still may be beneficial to let them move out early. Notwithstanding the loss of rent for the remaining weeks of the tenant's last month if the unit is not immediately re-rented, honoring the request keeps things friendly and will give you some time to address any property conditions that would be difficult to deal with if the unit was occupied. Now that the tenancy is terminating, it is a good time to review whether or not you have properly handled any security deposit or last month's rent you may have collected at the beginning of the tenancy so as to avoid any major pitfalls. Best of luck to you!See question