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Questions Answered by Zachary Alan Waksman

1 Answer | Asked in Landlord - Tenant for Massachusetts on

Q: Demanding full security deposit after 30 days of lease end

I moved out of my previous place 35 days ago. I gave proper notice 60 days in advance, and provided the landlord with address to return security deposit.

35 days later he says the damages go over the security deposit amount (implying he wont return money) and does not provide any... Read more »

Zachary Alan Waksman answered on Aug 6, 2019

I cannot give advice in this forum.

However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages.

You should consult an attorney for assistance drafting any...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on

Q: I love in a 3 unit building. I live in the first floor. New tenant moved in above me and made life terrible with noise.

I have complained to management in person and in writing. To move, waiting list is two years for new unit. Neighbor bangs on the floor with a hammer i think. She stomps like an elephant. She plays music very loud. She throws foodstuff out her windows, landing on my window sills and attracting... Read more »

Zachary Alan Waksman answered on May 29, 2019

I am somewhat confused by what you are saying here. It sounds like you want to send a letter to the tenant. That is an option.

You have rights as a lessor in this building. The landlord is obligated, both by law and through your lease, to ensure that your right to quiet enjoyment of your...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on

Q: Should I let know a landlord that I am suing them?

Zachary Alan Waksman answered on Mar 30, 2019

I cannot answer your question based on the facts you have provided. It depends in part on why you want to sue your landlord. Certain actions taken by your landlord may constitute violations of the consumer protection statute, Chapter 93A. Since you are probably renting your apartment to use as your... Read more »

1 Answer | Asked in Consumer Law for Massachusetts on

Q: I am trying find if there is a law in Massachusetts that says you cannot charge for services not rendered.

I was charged for extra services on a product that the services were not completed.

Zachary Alan Waksman answered on Feb 9, 2019

Massachusetts’ consumer protection statute (Chapter 93A) forbids charging for services not rendered. The law calls this an unfair or deceptive practice. If you prove it to have happened and that you suffered damages, you will be entitled to double or treble damages plus attorneys fees. Some... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on

Q: Does every pleading need to be served in a case?

Zachary Alan Waksman answered on Dec 2, 2018

I am not sure what you mean.

If you are referring to Rule 7(a) of the Mass. Rules of Civil Procedure, it does not literally mean that each kind of pleading must be filed. Most civil actions will, at minimum, have a complaint and an answer to said complaint. Many defendants will file a...
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1 Answer | Asked in Construction Law for Massachusetts on

Q: If we sub-contract from someone in New Hampshire, is there anything we need to be aware of in terms of state law?

Zachary Alan Waksman answered on Dec 2, 2018

You should make sure the subcontractor is licensed to perform the intended work in Massachusetts. If he is serving as a home improvement contractor, you should check his registration with the state. You should do the same with every contractor you plan to hire, regardless of whether it is based in... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on

Q: I have a second home on Cape Cod that I live in for about four months per year. When I returned to it this year, someone

else was squatting there and refused to move out because they said they had adversely possessed my empty home. I have furniture in it, the yard maintained, etc. Can they actually do this?

Zachary Alan Waksman answered on Dec 2, 2018

Under these circumstances, he cannot do that. Adverse possession requires open, notorious, hostile, exclusive and continuous actual possession of the property for a period of at least twenty years. Since you occupy the home for several months per year, and likely have done so for several years,... Read more »

1 Answer | Asked in Constitutional Law and Real Estate Law for Massachusetts on

Q: My husbnd died , he has his friends name on the house that we bought for more ten years ago.How do I take friends nameof

please tell me how to put my son on the house and take the friend off the mortgage.

thanks.

Zachary Alan Waksman answered on Nov 15, 2018

It depends on how your husband's friend's name is "on the house". I am assuming that there is both a deed and a mortgage on the house. There is no "one size fits all" for documents related to ownership and loans related to real property such as a house. Deeds and mortgages have different procedures... Read more »

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