My wife and I lost our house to foreclosure. The bank sold the house at auction and repurchased it. We were notified by a real estate agent who represented the bank. The representative offered us a deal that the bank would give us a sum of money...
For the bank to legally lock you out they would have had to take the following steps:
1. serve you with written notice of the court date (called a Summons and Complaint);
2. have a court date and win;
3. the court will typically mail notice that you lost the court case;
4. the bank would give the Sheriff a paper from the court called an Execution;
5. the sheriff would need to give you notice in writing at least 48 hours before they can change the locks;
6. the sheriff would have to remove all of your property from the home before changing the locks.
If you didn't get these notices or if your things are still in the home then you possibly were unlawfully locked out of your home which can lead to significant claims against the bank.
If you think this lockout was unlawful you should call a lawyer as soon as possible.See question
I recently found out after moving in and having a place cleaned, and after calling the Malden MA board of health for an inspection, my apartment was not registered as a rooming house. Regulation says only two people with different last names can l...
This is a somewhat nuanced question it would need more details in a discussion to properly answer. I work in Malden and would be happy to talk to you for a few minutes if you want to give me a call.See question
My new landlord wants to take my garage and my downstairs bedroom to make her apt a three bedroom with will leave me with no parking and just a room kitchen and bathroom up stairs with my old landlord my apt was a one bedroom and include the garag...
The two prior answers are correct, if you do not have a lease the landlord can terminate your tenancy agreement with 30 days written notice and offer you a new set of terms. It is important to point out that you do not have to accept the new terms the landlord offers. You can reject the offer and keep paying your old rent.
The landlord then will have to decide if they want to take you to court to end your tenancy and if they have a legitimate reason to do so.
Often tenants will accept the new offer because they do not want to go to court. But tenants are not required to accept the terms offered.See question
Hi, If a tenant does not move out of the property that is sold, can the new owners take possession of the tenants property and change the locks? This tenant has a year lease and the lease is not up yet. I have given this tenant 45 days notes to v...
No you can not. A landlord can not remove a tenant (who does not voluntarily leave) unless the landlord gets a court order to remove the tenant. A Summary Process complaint (eviction) is the most common way to do this.
Many of the lawyers here can help you with such a case and likely will be able to negotiate a move out agreement with the tenants.
If you try to move the tenants out without court permission you can face heavy fines and possible criminal charges.See question
It's day 45 after move out. Landlord emailed me about finally sending a check back for the remainder of my security deposit. Charging me 650 for various cleaning fees. I believe the law in MA makes this a pretty open and shut case in my favor.
The security deposit law in Massachusetts is detailed and requires the landlord to strictly follow several steps if they wish to keep any of the tenant's deposit.
You should have a lawyer review the landlord's letter withholding the $650 and they should be able to help you get your deposit and damages back if the landlord did not follow the law.See question
I left USA for a trip in Asia for 3 weeks because I have a civil case that is being processed in Asia. However I didnt recieved any schedule date for my hearing not until last Minute ( a week after the date I was supposed to come back in US) Unf...
In addition to the above answer, the landlord must actually serve you with a Notice to Quit prior to starting a summary process (eviction) case for non-payment of rent. The law requires that the tenant actually receive the Notice to Quit . If you did not receive on before you left, the landlord can not just leave it at you address. If the landlord then files the case and you are defaulted for not being at court, you can seek to have the default removed due to not receiving the Notice to Quit.
Please note that for the Summons and Complaint the landlord can serve you by having it delivered to your address. The Notice to Quit is different and requires that you actually receive it.See question
I sent, by email, a demand for the immediate return of my security deposit to my landlord, as he did not deposit the money into an appropriate account. My tenancy does not end until May 31. I cited my reasons for demanding the immediate return of ...
The security deposit law requires triple damages on the security deposit amount in most situations, regardless of if you asked for triple damages in the demand letter. If you are looking for triple damages on the interest then your demand letter needs to be more precise.
Several of the landlord tenant lawyers here on Avvo would be happy to review your demand letter and security deposit case at no charge.See question
Last year, I took over a lease from February 2015 to the end of May 2015. I paid a $600 security deposit. When I moved out and asked about my security deposit, I was told that I would get it when they find someone else to move in. I asked again ov...
No, it is not too late.
You should contact an attorney who specializes in landlord tenant law to help you with it.See question
I am bringing my landlord to housing court for not returning all of the security deposit. He sent me an email (which he is using as his letter of itemized damages) a week after we moved out informing me of all the damages he believes we caused an...
Unless the landlord is keeping your security deposit for unpaid rent, then the landlord is required to give you back the security deposit or a proper withholding letter within 30 days.
If the withholding letter does not have the receipts and is not signed under pains and penalties then it is not a proper withholding letter.See question
I am undergoing an eviction process concerning project based housing. I haven’t been to court once yet, but I am inquiring to see. that if I do get evicted…. How I can appeal my case to get a 2nd appearance before the judge? If not for continued r...
I agree with what attorney Silva said. In addition I wanted to add that if your court date is coming up you should call Greater Boston Legal Services at 617-371-1234 to get help filling out paperwork for the court called an"Answer". The Answer has your side of the story and your defenses to the case. Many important rights are covered in the Answer paperwork and it is very important to fill out and file an Answer.
You can also go to the Attorney for the Day table at the Boston Housing Court any Wednesday or Thursday morning from 9 to noon and they can help you fill out an Answer. You should bring the court notice you have so they can look up your case if need be.
In public housing you likely have other rights that are involved in the eviction process. It is important that you speak to a lawyer as soon as possible so that you do not miss any deadlines.See question