We have a property (1800s) that we want to rent out. However, the presence/absence of lead is unknown. As landlords, are we required to test the presence of lead (and de-lead if found) before we rent it out? Can we have the tenants sign an agreement that it has been informed to them that it is... Read more »
You are required to test for the presence of lead before you rent. You do not necessarily have to de-lead the property before renting, there are other ways to deal with lead paint. You cannot require tenants sign an agreement stating they accept the presence of lead on the property. This is a good...Read more »
Yes. In Massachusetts the complaint itself need be only a "(1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled." A complaint need not contain the evidence necessary to...Read more »
Our family has a condo in NYC under the management of an LLC owned by my sister-in-law. We want to merge the NYC LCC and it's assets (condo) with an LLC in Boston, Ma. (owned by myself and my wife) and then close the NYC LCC. We will then do a 1031 Transfer for a property in the Boston area.... Read more »
There are several ways to approach this. You could register the MA LLC in NY and convey the NY condo. to the MA LLC. You could merge the two in both states, as you suggested, which would likely involve registering each LLC in the other state first. The above is not an exhaustive list of how to...Read more »
There seems to be a Purchase and Sale Agreement you are talking about? If so there would be a closing date for transfer of title. The 21 years later part of your question makes no sense and your statement "without informing me" makes no sense .
It sounds like he is not on the title and did not pay toward its acquisition. Sharing living expenses should not result in an equitable interest. However, if he makes renovations or additions or pays for major pricey repairs, this could be problematic .
I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner... Read more »
So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a...Read more »
My mother and her sister are deeded owners of our home. In 2018 the deed was re-filed to include my mom and also release homestead rights for her sisters husband. The married co-owner has since deceased and we are making sure the release of homestead clause ensures he has no right or legal... Read more »
Your question is unclear and I suggest that you should state whether the last deed has more than one grantee listed and if so, does it state that the grantees are joint tenants with the right of survivorship and not tenants in common? Homestead waivers are separate documents. You should also have a...Read more »
I have resided in my home for 32 years and have had a fence that separates my property from a adjacent property. The adjacent properties garage has been the separation of the two properties since I have been here . In this time I have installed 2 fences with the permission of the prior owner and on... Read more »
Am I allowed to break the lease to my apartment if I find my dream house while while my lease is yet to reach the date of termination and not have the landlord charge me rent for the remainder of my lease?
Typically no. The terms of a lease, if the terms follow Mass law will likely hold, and a breach of those terms will likely result in the breaching side owing any penalties due under the lease. On the other hand, if the landlord is not providing habitable conditions, or violating Mass law relative...Read more »
You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any...Read more »
On a tiny private road only 15-20 feet wide, my neighbors (before my home) have been using it as a parking lot. It's not impassible, but it makes life difficult as we can't see down the street from our driveway due to the blockage, and now the kids have this reduced view when riding their... Read more »
A property that has been handed down within a family and has never needed title was sold without the seller(s) being aware that one person who has owned this portion (1/9) since 1852 never passed it on to anyone.
She died in 1901. Her only surviving heir died in 1918. The last mention of... Read more »
If the property is occupied by owner/tenant I have heard that if you are acquiring the property for possession you are allowed to serve and evict the individual with a 30 day notice. They may appeal the eviction which can be dragged out in court for up to another 30 days. I got this legal advice... Read more »
Eviction of former owners is handled differently from eviction of tenants. Former owners are tenants at sufferance not entitled to notice to evict but common sense dictates they be given a reasonable amount of time to leave. I do not usually give thirty days notice but it is not unreasonable. You...Read more »
If all of the children are of your marriage to him or are yours and his, then you take all of the estate. However, you will need to commence an estate in the Norfolk Probate Court if that is the residence county and seek appointment as Personal Representative and notify MassHealth Estate Recovery...Read more »
Date Mother passed until sale as other daughter refused to sign sale papers if expenses were reimbursed. Expenses were placed in escrow until agreement made. A small claim suit was filed to force release of escrow, but a counter suit was filed for financial and emotional distress. What type of... Read more »
A Massachusetts attorney could advise best, but your post remains open for two weeks. I'm sorry for the loss of your mother. As a GENERAL matter, there is a tort law cause of action called intentional infliction of emotional distress - but this sounds like it might be something more along the...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.