Legal Question in Real Estate Law in Massachusetts
Can a landlord appeal a case and start a new evection at the same time/
My landlord has tried to evect me 2 times.Both cases dismised.He wanted me sign a new contract to purchase for $63,000,00 more then the one I have.He has $10,000.00of mine. 5 days after being dismissed he served me another notice to quit.The Judge stated He don't belive a word they are saying.They appealed. case is still pending.I got a nother notice to quit with a court date of May10. I have a board of health report 22 violation in my house. Stating I would be out in 3 mouths...Some ordered to be repaird in 10 days.A complaintis filed from B of H because repairs not done He built me a bedroom charging me $3,258.00 5 violations there.He stated he built a storage room not a bedroom. they shut it down. I have the recite
How do I transfer to Superior Court/consolidate with my compaint pending. Not haveing a housing court in my county. Can he appeal and evect again on the same case? Plases help me.
1 Answer from Attorneys
Re: Can a landlord appeal a case and start a new evection at the same time/
It sounds as if you have a Lease with an Option to Purchase. You would need to consult the lease agreement for terms related to terminating the tenancy. Generally, a landlord may serve both a 30 Day No Fault Notice and 14 Day Non Payment Notice. The landlord may only commence one Summary Process case at a time. The Summary Process case is filed AFTER the time frame had run on the Notice to Quit terminating the tenancy. It sounds as if you have multiple counter claims for violations of the state sanitary code. You may be able to withhold rent if the landlord does not fix the conditions. You probably should consult with an attorney to help you file your counterclaims and possible recover your down payment.
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