Legal Questions & Answers

Who is responsible for the water damage? Landlord or tenants?

Additional  Information:

I am a landlord in Sudbury and one of our tenants reported water and damage in the basement.  When I came to check it out, I discovered that they moved the washing machine (that is provided for their use) and thus the leak and damage.  As the landlord am I required to pay the repairs or are the tenants?  There’s nothing about this in the lease.   Thanks in advance.

ATTORNEY ANSWER:

The tenant is responsible for damage caused by the tenant.  However the proof of something like this can be difficult without someone knowledgeable about that appliance testifying as to the cause of the leak.  I never know why my washing machine is leaking.  [Read more...]

Filed Under: Landlord / Tenant Questions, Legal Questions & Answers

Did my tenants abandon the property? Will I ever get the past due rent paid?

Additional Information:

I’m a landlord of a 3 family in Marlborough.  One of the tenants has failed to make any payment for four months. On arrival to the property to give an eviction notice, no one was there. The property surrounding the house was full of the tenant’s property and there was trash and moldy food in the kitchen.  I talked to the neighbors and they said the tenants had left two weeks prior. The gas and electric were shut off.   So since they essentially abandoned the property, as a landlord do I have the right to dispose of the abandoned property? And do I have any hope of collecting the 4 months rent?

ATTORNEY ANSWER:

The first question is whether the tenant has terminated the tenancy.  There are reported cases where the landlord assumed the tenant had abandoned, only to find out later that the tenant was in rehab, or incarcerated.  The neighbors are not a reliable source of whether someone has moved out.  If the tenant has not returned the keys, then it is better to assume they still have legal possession and bring an action to terminate the tenancy.  You do not have a right to dispose of the tenant’s property.  There is an eviction storage law that requires certain steps to be taken.  The landlord should secure the property and bring it into compliance with the sanitary code, but should not lock out the tenants.  So long as the amount of rent due is less than the small claims dollar limit, an action can be brought in small claims court to try and collect the back rent.  [Read more...]

Filed Under: Landlord / Tenant Questions, Legal Questions & Answers

We were divorcing amicably but now his lawyer is stating negative things about me.

Additional Information:

I am in the middle of a divorce and my husband and I are on amicable terms for the most part. We agreed on joint custody of our 5 year old daughter, and that I’d stay in our Wayland home with her.   His lawyer recently sent me papers but stated quite a few things that my spouse is saying he never said. Including things like I am mentally cruel, and neglectful of duty. I am going to hire a divorce attorney soon but was wondering does it seems like his lawyer is setting it up to ask for sole custody, should I do the same?

ATTORNEY ANSWER:

Your lawyer will file an answer to the Complaint for Divorce to address the claims made by your Husband’s attorney.  Some attorneys include more than what their client is asking for in the Complaint for Divorce to cover all bases.  That will not prohibit you and your husband to agreeing to something different.  [Read more...]

Filed Under: Divorce Questions, Legal Questions & Answers

When we divorce, will I be liable for half of my ex-wife’s recent school loan?

Additional Information:

My wife and I are getting divorced.  She took out a loan so she could go back to school, get a job and contribute to the mortgage payments on our Sherborn home.  She hasn’t finished the program so technically the “community” hasn’t benefited from her going to school.  Will I be liable for half of the loan?

ATTORNEY ANSWER:

All liabilities, including school loans, will be either be divided or assigned to one party.  The court considers a number of factors including the nature of the loan (i.e. whether it was a joint loan, or a loan used for joint or individual expenses).  You will not necessarily be responsible for half of the loan.  [Read more...]

Filed Under: Divorce Questions, Legal Questions & Answers

Do I need to wait for the divorce to be final to create a new will?

Additional Information:

My husband and I are getting divorced. We have pretty much figured out how to handle the finances, custody and parenting schedule, and I got the house in Ashland, so now I’m thinking about how to go about creating a new will, and other new documents such as power of attorney.  My husband had taken care of all that and I want to have all these matters squared away.  Do I need to wait for the divorce to be final to start working on these documents?

ATTORNEY ANSWER:

Yes.  Once the divorce is final, it is always wise to revisit your estate plan.  You should consider having a new will, health care proxy, and power of attorney prepared.    [Read more...]

Filed Under: Divorce Questions, Legal Questions & Answers

Will my husband be entitled to half of our house downpayment that was gifted to me when we divorce?

Additional Information:

When my husband and I got married, instead of a having a lavish wedding, my parents gave me money (about $35K) to put towards the down payment on our Natick house that we bought together.  I am now in the early stages of filing for a divorce, will my husband get half of that money?

ATTORNEY ANSWER:

It largely depends on the length of the marriage.  If your marriage was short term (less than 5 years), then typically the money lent by your parents for the down payment on the house would belong to you.  If the marriage was mid term or long term, then it is more discretionary, as these funds have been woven into the fabric of the marriage.  [Read more...]

Filed Under: Divorce Questions, Legal Questions & Answers

Can my boss fire me after I give notice?

Additional Information:

I have been at my job here in Marlborough MA for 4 years and am planning to move to Florida in a few months.  It seems like the right thing to do to give enough notice to my boss that I’ll be leaving so they can hire someone else and I can help get the new person trained but I’m afraid they’ll fire me and then I’ll be without a job until I move.  Is it legal for them to fire me after I give notice?

ATTORNEY ANSWER:

If you do not have an employment contract with your employer, the general rule, subject to many exceptions, is that an employer can fire you for any reason or no reason, with or without notice.  If none of the exceptions to the at-will employment rule apply in your case (for example illegal discrimination), then you might be able to get a sense as to whether they will immediately let you go by finding out how other employees have been treated who gave notice in the past.   Many legitimate reasons exist for an employer to terminate an employee immediately once they give their notice so that fear is reasonable.  However, many employers will appreciate the advanced notice and will not immediately terminate you even though they could because they will want your assistance training your replacement.

[Read more...]

Filed Under: Employment Questions, Legal Questions & Answers

Is it legal for my employer to take unauthorized deduction from my paycheck?

Additional Information:

I was involved in a minor car accident in Framingham MA while driving the company car.  I’m sure there were dents and scrapes on the bumper before my accident.  Is it legal for my employer to take an unauthorized deduction from my paycheck for cover the damages?

ATTORNEY ANSWER:

This question recently stumped a MA Superior Court judge, who thought that if the employer had a written policy, and the employee could avoid discipline by accepting the wage withholding, that a wage deduction was  legal.  The Supreme Judicial Court disagreed, and said that the employer must pay the wages, that no setoff as that term has been interpreted applied, and therefore a deduction for wages was illegal.  The court did not doubt that the employer was following established procedures, that the accident could very well have been the employees fault, and that an employee may be liable to his or her employer for that employee’s negligence.  The employer may not, however reduce wages as a result.  The employer was ordered to pay the employee back the amount withheld, and was assessed a fine.

[Read more...]

Filed Under: Employment Questions, Legal Questions & Answers

What are requirements for an annulment in MA?

Additional Information:

I was just married in Milford, MA and now realize it was a mistake. What are requirements for getting an annulment in Massachusetts?

ATTORNEY ANSWER:

An action to anul a marriage can be brought in the probate court if the validity of a marriage is doubted.  The statutory grounds include incest and bigamy, and do not include mistake, although you could obtain an annulment for fraud, impotency, duress or for other reasons.  If the marriage is valid, then the remedy is to obtain a divorce.

[Read more...]

Filed Under: Divorce Questions, Legal Questions & Answers

Can a judge order my husband to sell his stock to pay our mortgage?

Additional Information:

My husband and I live in the Boston Metrowest area and are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock?

ATTORNEY ANSWER:

The Judge will usually determine what assets are in the marital estate.  If the stock is part of the marital estate the judge could order him to sell the stock.

[Read more...]

Filed Under: Divorce Questions, Legal Questions & Answers
«Older Posts