The CDC moratorium forbids landlords from attempting to evict tenants for non-payment of rent if the tenants meet certain financial hardship guidelines:
- Make less than $99,000 (or $198,000 if they file a joint tax return)
- Be unable to make full rent “due to substantial loss of... Read more »
The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.
You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.
My mother passed away this January and her property deed lists one of my other sisters, JB, and myself. The third sister, TH, was not on the deed, but was left everything in my mother's will, including her property. I found out that deeds take precedence over wills in MA.
JB filed a... Read more »
Without seeing this deed it is difficult to respond to the question other than to state that it seems that JB deeded her interest to your other sister TH and that you should still have your undivided interest in tact now along with your other sister TH instead of JB .
Yes
We are both unmarried TIC owners of rental property and one of us signed an OFFER to purchase bf seeing i got much better offer. Buyer claims he'll file civil suit. Is the signature of only one owner on the offer enforceable?
You really need to use a realtor. Cannot answer this due to unaware of the particular facts as to what representations were made to the potential purchasers.
Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc
This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.
bathing for months, wearing dirty clothing bad body odor. I served a 30 day notice to quit in July. I have told him I wanted him out in January 2020. He has made little effort to relocate. In August he looked at an apartment, that that I had given him the phone number for, After looking at the... Read more »
It looks like the moratorium will be ending on Oct 17, so you will be able to move forward soon but you should have a landlord tenant attorney advise you. This is a general forum and directs consumers toward obtaining appropriate legal assistance where merited.
You need to review the moratorium order before taking any action.
break the lease without the consent of the 3rd roommate?
If you signed the lease, you move out before the lease ends, and you stop paying rent, under most leases you are liable for the rent for the remainder of the lease term. This is so regardless of whether the other lessees do the same thing or not. The two lessees will have broken the lease and will... Read more »
adjacent to it. Originally we thought it was town property because it has no structure and is just woods. I recently found out it is privately owned. Are they responsible for damage and or necessary protective measures?
The property is unattended, and I haven't seen anyone near it for... Read more »
Be careful. While it seems a general rule that you can cut branches and vines overhanging onto your property, but not the trees and plants owned by another person or entity! Do note that there is a substantial statutory penalty for cutting down someone else's trees here in Massachusetts so... Read more »
who now does the property belong? I am one of three offspring listed in my mother's estate.
So, was she a joint tenant- does it say that on the Deed? If so, then the surviving tenant takes the decedent's share. However, if the deed does not describe her as a joint tenant she is presumed to be a tenant in common and so her estate has an undivided share with the other co-owners.
The Force Majeure paragraph: (Pandemic part)
Whenever a period of time is prescribed for the taking of an action by Landlord or Tenant (other than the payment of the Security Deposit or Rent), the period of time for the performance of such action shall be extended by the number of days... Read more »
No. The definition you are relying upon expressly excludes "payment of the Security Deposit or Rent."
Bills to the state for long term facility care which he was never in one how do we go around this? It’s been impossible to get a straight answer from any attorney so far -
Regardless of whether there was a Will or not the Division of Medical Assistance Estate Recovery Unit has an automatic lien at the elderly recipient of MassHealth/Medicaid services death on the decedents assets. The Estate Recovery Unit can open an estate to recover the lien for said services ,... Read more »
Ma
Is husband incarcerated? He can still enter into a divorce Separation Agreement but the logistics are harder if he is. You have not stated enough information to determine whether the agreement is fair and reasonable and this is the Court's standard needed for a divorce to be approved of by the... Read more »
Our property?
Adverse Possession probably does not apply here, although the Boundary may have moved a little from the record boundary due to Acquiescence. But it appears that you at least have an Easement By Prescription. Title Searches on both tracts might disclose an Express Easement, but should at a... Read more »
Yes. To be enforceable, an agreement to sell real property must be in writing.
We are under non binding agreement with a builder/agency to build a new home. The land was supposed to be purchased months ago. We just found out the reason for the delay is the seller potentially trying to back out of the sale due to the tax implications to the town for selling. The agency has... Read more »
Your agreement with the seller governs what rights the seller has to back out of the deal and your rights to your deposit. This is not an ordinary purchase transaction and I strongly suggest you consult an attorney for a thorough review of all relevant documents.
inspection already done. We are leaving appliances w house. Purchase and Sale agreement signed and will close in 3 weeks. We allowed buyers to have a decorator come in to measure, etc. Apparently, she saw a small amount of water by the fridge and wants us to have an appliance repair person come to... Read more »
You do not have a legal duty to obtain the opinion of a professional if your P&S states you are selling the appliances 'as-is' at the time of inspection, reasonable wear and tear excepted, no warranties or representations.
To keep the peace, if you are still residing in the... Read more »
My husband and I moved into an apartment in an upstairs/downstairs duplex last year. The upstairs tenants had been living there for several years before we moved in. In our leases each apartment has rights to two parking spots in the shared driveway, but the neighbors have taken three, making our... Read more »
You should send a polite email to the landlord asserting that your lease provides you 2 parking spots and they have taken one of yours. He needs to tell them they have only 2 and to move the 3rd car someplace else. He should also tell them in writing that you are entitled to half the garden and... Read more »
Buyer put in a offer with 1000 down. The buyer chose to back out of the offer after it was signed. (Less than 48 hours after signed by seller) the seller wants to seek legal action for the 1000. The seller however when accepting the offer added in a contingency. Is the offer binding if the... Read more »
No, that would be considered a counter offer that the purchaser me either accept or reject.
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