North Carver Landlord-Tenant Lawyer, Massachusetts
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Sean Murphy
Landlord-Tenant, Lawsuit & Dispute, Estate Planning, Accident & Injury
Status: In Good Standing
180 Belmont Street, Brockton, MA 02301
Profile LAWPOINTS™32/100
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David J. Gormley
Juvenile Law, Landlord-Tenant, Divorce, Criminal, Power of Attorney
Status: In Good Standing
30 Cottage St, Brockton, MA 02301
Profile LAWPOINTS™20/100
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Mark Lindner
Credit & Debt, Collection, Bankruptcy & Debt, Litigation, Landlord-Tenant
Status: In Good Standing Licensed: 49 Years
Randolph, MA 02368
Profile LAWPOINTS™22/100
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LEGAL TERMS
BREACH OF CONTRACT
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'
ARBITRATION
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.
ANNUAL MEETING
A term commonly used to refer to annual meetings of shareholders or directors of a corporation. Shareholders normally meet to elect directors or to consider maj... (more...)
A term commonly used to refer to annual meetings of shareholders or directors of a corporation. Shareholders normally meet to elect directors or to consider major structural changes to the corporation, such as amending the articles of incorporation or merging or dissolving the corporation. Directors meet to consider or ratify important business decisions, such as borrowing money, buying real property or hiring key employees.
ELEMENTS (OF A CASE)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elem... (more...)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elements of a breach of contract claim: There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.
CO-TENANTS
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreemen... (more...)
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreement, which includes paying the entire rent if the other tenant skips town and paying for damage caused by the other tenant.
PERMANENT RESIDENT
A non-U.S. citizen who has been given permission to make his or her permanent home in the United States. If you acquire permanent residence, you will be issued ... (more...)
A non-U.S. citizen who has been given permission to make his or her permanent home in the United States. If you acquire permanent residence, you will be issued a green card to prove it. The terms permanent resident and 'green card holder' mean exactly the same thing. You cannot be a permanent resident without a green card and you cannot have a green card without being a permanent resident. As a permanent resident, you may travel as much as you like, but your place of residence must be the United States and you must keep that residence on a permanent basis. If you leave the United States and stay away for more than a year, you risk losing your green card.
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
GOODS & CHATTELS
See personal property.
CLEANING FEE
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave ... (more...)
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.
SAMPLE LEGAL CASES
Carter v. Lynn Housing Authority
... The plaintiff was the holder of a Section 8 rent subsidy housing choice voucher
administered by the LHA, and pursuant to a contract between the landlord and the
LHA, payment of a rent subsidy was made on the plaintiff's behalf. ...
Scott v. Garfield
... Although the warranty itself arises from the residential leasing contract between landlord and
tenant, we have imposed a legal duty on the landlord, in the form of an implied agreement, to
ensure that the dwelling complies with the State building and sanitary codes throughout ...
NORFOLK & DEDHAM MUTUAL FIRE INSURANCE COMPANY v. Morrison
... One of the provisions (liability provision) provides that as between the tenant and the landlord,
the tenant is responsible for all injuries arising out of the use, control, condition, or occupancy
of the leased premises, except those resulting from the "sole" negligence of the landlord. ...
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