Legal Question in Landlord & Tenant Law in Massachusetts

Landlord lied on discovery

I went to court and was handed discovery then, I had no chance to look over, I agreed to vacate premises by 1st of the next month. After going home I read discovery and landlord lied about every question that I asked. I filed a motion for ammendment (as per housing specialist) now I received from landlords lawyer that what I am doing is frivilous and he is trying to get execution. I did ask for continuance when handed the discovery so that I could look it over and somehow was never answered. I was very intimidated in court and could not say what I wanted. The case should have been dismissed in the begining because my landlord was offered money to pay arrearage and he refused it. What can I do? I am going back to court on Thursday oct 27. Please help me


Asked on 10/22/05, 6:26 pm

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Landlord lied on discovery

Your question unfortunately does not make sense. If your motion for continuance was not allowed, why are you going back to court on Thursday? If the case was continued (you don't say when the original trial was), what have you done in the meantime? What do you expect I can do to help you now?

Even if the landlord lied in his response to your discovery, the burden would be on you to prove it and to show why his lies make a difference in what the outcome of the case should be. IF the case was continued to allow you to do that.

If the summary process was brought for nonpayment of rent, the tender of the rent due should have ended the case. Not just the rent asked for in original complaint, but any rent due since, which is often another month.

If there was rent due, but the landlord gave you a 30-day notice to quit, whether the rent is tendered or not is irrelevant. In MA, the landlord does not need a reason to evict. If you tender the rent due, the court can allow you to stay for up to 6 months (almost never allowed for all 6), provided you pay the equivalent of rent due as compensation to the landlord - it is not rent, but "use and occupancy."

I'm afraid it is a little late to ask for legal help.

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Answered on 10/22/05, 7:31 pm


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