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. 

Our Sudbury Real Estate Attorneys provide legal representation for landlord tenant disputes and other real estate transactions to individuals, families and businesses in Sudbury Massachusetts and throughout the Boston metro west region including Ashland, Dedham, Framingham, Franklin, Hopkinton, Maynard,  Marlborough, Milford, Natick, Needham, Newton, Shrewsbury, Waltham, and Worcester, Massachusetts.

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. 

Our real estate lawyers provide legal representation for landlord tenant disputes and other real estate transactions to individuals, families and businesses in Marlborough Massachusetts and throughout the Boston metro west region including Ashland, Dedham, Framingham, Franklin, Hopkinton, Maynard,  Milford, Natick, Needham, Newton, Shrewsbury, Sudbury, Waltham, and Worcester, Massachusetts.

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. 

Our Wayland Divorce Attorneys at HKWG assist divorcing couples with issues involving children, parenting plan and division of assets in Wayland Massachusetts and in the surrounding communities including: Sudbury, Concord, Lincoln, Weston, Wellesley, and Natick.

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. 

Our Sherborn Divorce Lawyers at HKWG assist divorcing couples divide assets and liabilities in Sherborn Massachusetts and in the neighboring communities including: Ashland, Framingham, Holliston, Hopkinton, Sherborn, and Southborough.

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.   

Our Ashland Divorce Lawyers at HKWG provide legal services to individuals and families in Ashland Massachusetts and in the neighboring communities including: Framingham, Sherborn, Holliston, Hopkinton and Southborough.

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. 

Our Natick Divorce Lawyers at HKWG provide legal services to individuals and families in Natick Massachusetts and in the neighboring communities including: Wellesley, Needham, Dover, Sherborn, Framingham and Wayland.