Archived
If a stay of execution is granted, does the constable have to give an additional 48 hour notice at the end of the stay?
Christopher's answer
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Answered on April 25, 2016
Yes. The constable or sheriff must serve a new 48 hour notice. The stay of execution changed the date for the eviction, so a new notice is...
Archived
How can I send Notice to Quit?
Christopher's answer
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Answered on April 11, 2016
You should use a sheriff or constable. for service. They will provide you with proof of service. There are several good constables in Fall River....
If landlord has listed an incorrect amount that I owe them in the Summons - is it a valid reason to dismiss the case?
Christopher's answer
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Answered on March 23, 2016
No, as long as the notice to quit and the complaint comply with the Rules. Often the landlord will file an eviction case for cause, or breach of...
When is Avoidance of Forfeiture a valid defense?
Christopher's answer
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Answered on March 23, 2016
I suppose that avoidance of forfeiture could be raised as a defense in a breach of the lease case in which the breach is de minimis, or in other...
Can an ARC (attorney representing child) be questioned, especially if they're dispensing advice that the court rules upon?
Christopher's answer
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Answered on March 23, 2016
No. An ARC attorney is appointed by the Court to represent the child in usually what is a difficult custody case. As such, the ARC attorney is the...
Can someone represent someone in eviction preceedings (in housing court) without a license to practice law?
Christopher's answer
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Answered on March 22, 2016
A lawyer would have to review the paperwork to really provide any information about this. It sounds like your mother signed an agreement for...
Archived
Can I file counterclaims even if I am being evicted with a Notice to Quit for cause?
Christopher's answer
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Answered on March 20, 2016
I answered this, or a similar question, a short time ago, and the response remains the same.
. If a tenant is being evicted for fault, or cause,...
Archived
Can I ask court to find that I was not at fault?
Christopher's answer
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Answered on March 13, 2016
It sounds like you have it somewhat mixed up. See a lawyer. In a tenancy at will, such as this, a landlord may evict for fault, no fault, but not...
Archived
Can I state multiple defenses in my answer - eviction trial?
Christopher's answer
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Answered on March 13, 2016
Yes. A party may raise multiple defenses, even inconsistent defenses, but not frivolous ones. This website provides very good information on...
Archived
If I am Tenant at will, being evicted by the landlord for fault (noise), then do I not qualify for counterclaims?
Christopher's answer
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Answered on March 13, 2016
If a tenant is being evicted for fault, or cause, then the tenant may not raise counterclaims against the landlord in the summary process case. ...
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