Where a landlord brings forth an eviction action against the tenant (summary process action), Massachusetts General Law Chapter 239, Section 8A provides the tenant with a defense in both non-payment and no-fault evictions. Under the statute, tenants shall be entitled to raise defenses and counterclaims which can offset any rent owed. If the tenant is not in arrears on rent, and there are counter claims for which the tenant may recover money damages, the tenant retains possession outright because there is no rent owed by the tenant. Additionally, the landlord must pay the tenant damages on the counterclaim.
If You Are Being Evicted for Non-Payment of Rent
Counterclaims may reduce or eliminate the amount of rent you owe. If you are being evicted for non-payment of rent, the judge will compare the amount awarded on your counterclaims to the amount awarded to your landlord for rent. If you are awarded more money than your landlord, you win the eviction case and get to stay in your apartment.
If the amount you win on your counterclaim is less than what the judge determines you owe your landlord, you have 7 days after receiving notice from the court to pay the difference to the court and prevent the eviction.
If your defense is based on bad conditions, a judge must be convinced of the following things:
- Bad conditions existed;
- Your landlord knew about the bad conditions before you were behind in your rent;
- Neither you nor anyone else under your control caused the bad conditions;
- You do not live in a hotel or a motel, or you have lived in a rooming house for more than three months;
- The conditions can be repaired without your moving out.
If you believe your landlord is has violated your rights, it is important to speak with an experienced attorney who knows the law and will fight for your rights. It is not uncommon for the court to order that the landlord is responsible for the tenant’s attorney’s fees in the appropriate circumstances. Therefore, you may not have to pay your attorney anything to take on your case. JD Molleur Law, PLLC has experience and success in this area of law. Call our office at 508.579.8333 to set up a free consultation or email us at info@jdmolleurlaw.com.
This information does not constitute legal advice and are written for general information purposes only. Individuals should consult with a lawyer for specific legal advice.
