Evictions are not one-sided cases. Landlords may have valid reasons why tenants need to leave the property, but tenants have the opportunity to present defenses that can potentially preserve their right to stay.
Those defenses can extend well beyond simply denying guilt. Since tenants can use the lease terms and laws to defend their right to remain on the premises, landlords need to use the same lease terms and laws to prove their right to evict. In other words, both sides need sound knowledge of the strict Massachusetts lease laws.
The Tenant Response is Just as Important as the Landlord Complaint
Of course, the act of beginning an eviction proceeding is no guarantee that the courts will execute the action. As part of the process, tenants have the opportunity to answer landlord complaints. The following are common tenant answers that can potentially halt evictions:
- Failure to serve a notice to quit or properly serve a summons and complaint: Eviction requires a specific process, beginning with notifying tenants in writing about an impending action. Landlords must learn the details of eviction law and precisely follow all rules to ensure that tenants cannot escape eviction due to a technicality.
- Failure to handle housing condition complaints in accordance with the law: Tenants have clear rights to reasonable housing conditions, and can use those conditions as a valid eviction defense. As described in the State Sanitary Code, these can include anything from premises with nonoperational utilities, lack of cleanliness and even certain security flaws. When tenants withhold rent payment due to issues like these, they have a right to do so without facing eviction, and this can be a powerful defense. Landlords that address all valid issues within a reasonable time period can make the defense invalid.
- Including illegal conditions in the lease: Before eviction comes under consideration, landlords need to ensure that the terms of the lease are within legal boundaries. Attempting to evict tenants who, for example, failed to pay pet fees that are illegal under MA law provides a viable defense for tenants.
- Retaliation: If tenants can provide compelling evidence that the reason for eviction involved retaliation for pursuit of their legal rights, this provides a valid defense. Particularly when the timing of evictions incorrectly appear like retaliation, landlords should prepare their complaints with extra care to show that the reasons for eviction are fully lawful.
These are just a few examples, but landlords need to know that they typically bear the burden of proof. Additionally, landlords need to keep in mind that the laws can change at any time. For example, last year, a just cause eviction law was proposed. If approved, the law could potentially further restrict landlord rights to evict tenants that refuse to pay certain rent increases instituted at lease renewal time, possibly limit a landlord’s ability to initiate no-fault eviction, and other limitations.
Contact a Boston Landlord Lawyer Today
Strict Massachusetts laws apply whether you have one tenant or many, and failure to follow those laws before or during eviction can profoundly affect your ability to remove tenants from the premises in a timely manner.
Even if you have no reason to expect that a tenant has a valid eviction defense, enlisting assistance from an experienced Boston landlord attorney can help ensure that you present an evidence-based case that addresses changing laws. Contact us online, or call us at (617) 848-4572 to discuss your case.
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