Eviction Defense

Experienced Legal Representation in Boston Area Housing Courts

Facing an eviction in Massachusetts can feel overwhelming, but a Notice to Quit or notice terminating your tenancy  is not an order to move out immediately. In Massachusetts, landlords must follow strict statutory procedures under G.L. c. 239 (Summary Process) to remove a tenant and can only do so after going to court and getting an order from a judge.

If your landlord has violated your legal rights, failed to maintain the property, or committed procedural errors, you may have valid legal defenses and counterclaims that can stop or significantly delay an eviction.

Have You Received a Notice?

Eviction cases move fast, and strict court deadlines apply. You should seek legal counsel immediately if you have received:

  • A Notice to Quit: (14-Day Notice for Non-Payment, or 30-Day Notice for Breach of Lease/No-Fault). Note: A Notice to Quit is an official warning, not a court order.

  • A Summary Process Summons and Complaint: This means your landlord has officially filed an eviction case against you in Housing Court or District Court.

  • A Notice of Hearing or Trial Date: You must take prompt action to preserve your rights before your appearance date.

Common Eviction Defenses & Counterclaims in MA

Under Massachusetts housing law, tenants have strong statutory protections. Depending on the facts of your case, Attorney Ed Rice can help assert defenses that protect your housing:

  • Substandard Conditions (G.L. c. 239, § 8A): If your landlord failed to maintain the property under the State Sanitary Code (e.g., lack of heat, water leaks, pest infestations, mold), you may be legally entitled to withhold rent and assert counterclaims for damages.

  • Security Deposit Violations (G.L. c. 186, § 15B): Landlords who mismanage security deposits or fail to provide required bank documentation lose their right to withhold funds—and may owe you up to triple damages plus attorney’s fees.

  • Interference with Quiet Enjoyment (G.L. c. 186, § 14): Illegal lockouts, utility shutoffs, persistent harassment, or severe failure to repair can trigger statutory damages against the landlord.

  • Retaliatory Eviction (G.L. c. 186, § 18): It is illegal for a landlord to evict you in retaliation for reporting code violations, organizing a tenant association, or asserting your legal rights.

  • Procedural Defenses: Technical flaws in the Notice to Quit or court filings can result in the eviction case being dismissed entirely.

 

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