West Springfield Landlord-Tenant Lawyer, Massachusetts
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James F. Donnelly
Landlord-Tenant, Real Estate, Environmental Law Other, Civil Rights
Status: In Good Standing
14 Bobala Road, Holyoke, MA 01040
Profile LAWPOINTS™29/100
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Priscilla Fifield Chesky
Landlord-Tenant, Litigation, Estate Planning, Family Law
Status: In Good Standing
33 Hampton Knolls Road, Holyoke, MA 01040
Profile LAWPOINTS™34/100
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LEGAL TERMS
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in comm... (more...)
A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in community property to pass to the surviving spouse without probate.
QUASI-COMMUNITY PROPERTY
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired togeth... (more...)
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces.
FAILURE OF CONSIDERATION
The refusal or inability of a contracting party to perform its side of a bargain.
RECORDING
The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Record... (more...)
The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Recording creates a public record of changes in ownership of all property in the state.
CONSTRUCTIVE EVICTION
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or ... (more...)
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.
INVITEE
A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from d... (more...)
A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from dangers on the property. In an example of the perversion of legalese, social guests that you invite into your home are called 'licensees.'
EMINENT DOMAIN
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.
INDEPENDENT CONTRACTOR
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control ... (more...)
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control over how the work they are hired to do gets done; the person or company paying the independent contractor controls only the outcome--the product or service.
DOMINANT TENEMENT
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property ... (more...)
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.
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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