Legal Question in Landlord & Tenant Law in Massachusetts

ok so my landlord is suing me for eviction. honestly, yes i owe back rent, but i dont think he has taken the proper steps to evict us. i just received my summons and complaint a couple weeks ago. i sent in my answer form and discovery form to both him and the court. but the problem is is that i have never received a notice to quit. he states inhis answers to the discovery that he gave one in hand on one date and later another in hand on another date. i have not seen either one of these. also the summons and complaint states it must be served in hand to any member of the houdehold, which it was not. it was taped to my door. and on the back there's a place the sheriff or who ever serves it signs. which was never done. so here are my questions.

1. Correct me if i'm wrong, but the landlord must serve a notice to quit before proceeding with the court eviction?

2. The landlord must provide a copy of the lease,which i have never received and still haven't even after requested on discovery form?

3. The summons and complaint must be served in hand,not taped to the door? and signed by sheriff? How do i know it was properly served by law?

3. And is it required by law that i answer his interrogatory questions?

4. And any other information would be helpful. Anyone willing to look over my case would be greatly appreciated. i would need someone who can help a low income person.

5.Do i have a chance of winning this case?

oh and he has not provided me with any documents requested on the discovery (i.e. lease, condition report, etc).


Asked on 11/23/10, 4:24 pm

2 Answers from Attorneys

A notice to quit must be served on you but that will be an issue of fact for the court to determine since you say you never got it and your landlord said he handed it to you.

The Sheriff may serve you by posting the complaint at your door and certifying he did so.

The landlord must provide you a copy of the lease and other documents, including a statement of where your security deposit is being held.

You have to answer the interrogatories and he has to provide you the documents you requested in your demand for production of documents.

You will most likely lose if you owe rent and there is no major violation of the law by your landlord such as not providing heat or violation of the health code.

You may get some offset for his violations of law but I would not expect that you will be able to stay in the property indefinitely.

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Answered on 11/28/10, 4:59 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Whether you will be permitted to stay in the home depends upon the type of eviction being brought against you, and whether you have any available defenses. Allow me to take each of your questions separately.

1. The landlord must serve a legally sufficient notice to quit before commencing eviction procedings. The landlord must prove service of a legally sufficient notice to quit as part of his or her case at trial.

2. Yes, the landlord must provide you with a copy of the lease, together with any other documents and receipts required by the last month's rent and security deposit laws. Failure to do so may result in damages being awarded to you in counterclaim.

3. Service of process by leaving the same at your last and usual place of abode is appropriate. The sheriff will make a return of service upon the court.

4. You are required to answer the landlord's interrogatories.

5. If you are interested in hiring an attorney, I would suggest that you retain an attorney to assist you in working something out with your landlord. That would be a much better use of resources.

6. No, you have no chance of "winning" your case. If you are being evicted for non-payment of rent, you have one chance to pay all back rent and stay in the apartment. Failing that, you will be evicted. There are things an attorney can do to assist in buying you some time, or negotiating a move out date that is acceptable to both parties.

Best of luck.

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Answered on 11/29/10, 7:25 am


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