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Chapter 12 Evictions Legal Tactics: Tenants’ Rights in Massachusetts Eighth Edition, May 2017

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Chapter 12 Evictions Legal Tactics: Tenants’ Rights in Massachusetts Eighth Edition, May 2017 Chapter 12 Evictions Legal Tactics: Tenants’ Rights in Massachusetts Eighth Edition, May 2017 Facing an Eviction - Pullout ................................................... 251 When Can a Landlord Evict .................................................... 253 1. Tenants with Leases 2. Tenants without Leases When Is Eviction Illegal ......................................................... 254 1. Lockouts and Utility Shut-offs 2. Retaliatory Evictions 3. Discrimination Receiving Proper Notice ......................................................... 256 1. Receiving a Notice to Quit 2. Non-Payment of Rent 3. Rent Increases 4. Tenants with Leases 5. Tenants without Leases 6. When Can a Landlord Go to Court 7. Evictions for Drug-Related or Other Unlawful Activity Stopping an Eviction Before a Trial ........................................ 261 1. Paying the Rent Owed 2. Late Government Assistance Check 3. Motion to Dismiss 4. Negotiating a Settlement 5. Tenancy Preservation Program Fighting an Eviction in Court ................................................ 264 1. Overview of the Eviction Process 2. Getting a Summons and Complaint 3. Important Information on the Summons and Complaint 4. Important Dates 5. Transferring to Housing Court 6. Filing Your Answer 7. Showing Up in Court 8. Getting Information Through Discovery 9. Preparing for the Hearing Chapter 12: Evictions ▲ 249 10. Going to Court 11. Preparing Your Case 12. Settling Your Case 13. Putting On Your Case 14. The Court's Decision Important Legal Defenses and Counterclaims ......................... 273 1. Defenses that May Prevent Eviction 2. Counterclaims that May Prevent Eviction Challenging a Court-Ordered Eviction .................................... 279 1. Removing a Default Judgment 2. Appealing 3. Postponing the Eviction 4. What Happens If a Court Orders You Out 5. You Can Request an Order to Try to Stop the Move-Out 6. Getting More Time From Your Landlord Eviction Timeline .................................................................. 283 250 ▲ Chapter 12: Evictions Pullout 12 Facing an Eviction Tenants Rights in Massachusetts Steps a Landlord Must Steps You Can Take to Take to Evict You Respond to the Eviction Your landlord can only make you move if Every eviction is different. Your options they evict you. To evict you, they must get depend on your situation. All options have permission from a court. They cannot lock strict deadlines. If you miss the deadline, you you out, throw your things out on the street, lose the option. or harass you. If your landlord does not take the right steps, you can stop the eviction. Pay rent: If the eviction is about rent you owe, you can pay the rent and stop Your landlord must make sure the eviction, most of the time. If you pay you get a Notice to Quit before a landlord starts a court case, you can avoid paying the landlord’s court The Notice tells you to leave in a certain costs: $135 in Housing Court, $195 in number of days. You do not have to move District Court. For deadlines see out by the date on a Notice to Quit, but Chapter 12: Evictions - Paying the do not ignore it. The number of days Rent Owed. depends on the reason for eviction. 14-Day Notice: You owe rent Protect Yourself Get Help . 30-Day Notice: If the landlord is evicting you for no reason, or for a . Try to get legal help. reason that they say is your fault. You may be able to get free legal help. No Notice: Your landlord accuses you See MassLegalHelp.org/find-legal-aid of illegal activity in your apartment. Get a lawyer before you say anything in court. If you cannot get legal help, you will need to represent yourself. Use the Your landlord must serve you Self-Help Forms and Letters in the with a Summary Process Eviction section of MassLegalHelp Summons and Complaint MassLegalHelp.org/evictions-forms This court form tells you your landlord is . Some courts have volunteer lawyers taking you to court and there will be a who can help you fill out forms or tell hearing. It lists the time, date, and location of you about programs in your area that the hearing. It also lists the deadline for you may be able to help you. Ask the clerk to file your Answer. how to find the volunteer lawyers. Chapter 12: Evictions ▲ 251 . File your Answer with the court: If you Agreement if you understand it and you get a Summons and Complaint, file a legal can do what it says. To protect yourself form called an Answer. Use this form to get Negotiating a Settlement of Your explain to the court why you should not Case (Booklet 10). be evicted and any problems you had with your landlord. The deadline for . Fight the eviction: You may be able to filing your Answer is on the Summons and prevent the eviction. Use the Answer to Complaint. Do not miss the deadline. Use list the reasons you should not be The Answer (Booklet 3). evicted. Include any complaints you have about your landlord. Do not miss the . Transfer your case: If your case is in deadline to file your Answer. The District Court you have the right to deadline is on the Summons and Complaint. transfer your case to Housing Court, if Use The Answer (Booklet 3). there is one in your area. Housing Courts provide more support. You can file a . Ask for time to prepare for your case: transfer form up until the day before When you file your Answer form, you can your case is in District Court. Use the also file court papers that ask your Transfer (Booklet 5). landlord for information to help you prepare your case. The court will . Get important documents ready: automatically postpone your case by 2 Before your hearing, collect the weeks. This is called discovery. Use documents you need to prove your case, Discovery (Booklet 4). like rent receipts or pictures of bad conditions. Use the What to Take to . Ask a judge for time to move: Court Checklist in Representing If a judge makes an order to evict you, Yourself in an Eviction Case you may ask the judge for more time to (Booklet 1). stay in your apartment while you look for another place to live. If the judge agrees . Arrange for childcare and time-off to give you more time, they order a Stay of from work the day you go to court. It Execution. They are more likely to order a could take all day. Stay of Execution if you have started looking for a new place. Use Stay . Go to court: If you do not go to your (Booklet 8). court hearing, you will lose your case automatically. This is called default. Appeal the court’s decision: At the end of the court hearing, the judge will make . Ask the judge to dismiss the case: a decision, called a judgment. If you do not If your landlord has not followed the agree with the judge’s decision and you right steps, you may be able to get your want to fight it, you have 10 days to file case dismissed. For reasons why your an appeal. case could be dismissed see Chapter 12: Evictions - Motion to Dismiss. Negotiate an agreement: Most MassLegalHelp.org/Evictions landlords and tenants resolve evictions Legal Tactics: Tenants Rights in through agreements. Be careful when you i Massachusetts negotiate an Agreement. Only sign an May 2017 252 ▲ Chapter 12: Evictions Chapter 12 Evictions by Maureen E. McDonagh and Julia E. Devanthéry Italicized words are in the Glossary The first and most important thing to know When Can about eviction law in Massachusetts is that a landlord cannot make a tenant move out of her a Landlord Evict home without going to court first. No matter what a landlord or a landlord's lawyer says, In order to legally evict a tenant, a landlord a landlord must go to court and obtain must follow specific procedures. A landlord permission from a judge to evict a tenant. must: If you get an eviction notice and you want to 1. Properly terminate a tenancy; and stay in your apartment or you want more time to find a new place, you must respond quickly 2. Get permission from a court to legally to any documents you receive and go to take possession of your apartment. court to defend your case. Depending on your situation and whether the landlord has followed Evictions are not easy and can be expensive if a the law, you may be able to prevent the eviction. landlord fails to follow the law and a tenant If you cannot prevent it, you still may be able to knows and enforces her rights.1 If you postpone it. In either case, if your landlord has familiarize yourself with the steps in the eviction violated certain laws, you may be entitled to process and are persistent, you may be able to money to compensate you for these violations. stay in your apartment longer or be awarded money for the landlord's violations of the law. If you do not defend yourself in an eviction case, chances are a judge will order you to move There are special rules that apply to eviction out and you will have missed the opportunity to cases that are brought after a foreclosure. If raise any legal claims or negotiate an agreement your landlord became owner of the property about how to resolve the issues. because of a foreclosure you should see Chapter 18: Tenants and Foreclosure. This chapter tells you how the eviction process works, what rights you have throughout the 1. Tenants with Leases process, how you can prevent an eviction, and how you might be able to postpone an eviction A tenancy under a lease generally lasts until the while you find another place to live.
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