Q: Facing what seems to be illegal eviction in MA due to lease misunderstanding and unresolved maintenance issues.
I am dealing with a complex and distressing eviction case in Massachusetts, which I believe to be illegal and unfair. The issue started in June 2024 when my previous landlord initiated eviction proceedings based on a misunderstanding about my lease renewal and move-in date. I moved from unit 3 to unit 2 in July 2024, after my lease for unit 3 ended in August 2024. However, the landlord claimed I moved in June 2024. Complicating matters, the property was sold to a new landlord in December 2024.
Following the move, I encountered significant maintenance issues, including a critical heating problem from February 2024, requiring intervention from the Board of Health multiple times. These issues were only resolved in January 2025. I've had a court date where the judge took the decision under advisement on March 11, 2025, and no decision has been made yet. What steps can I take to address this situation, and ensure I am protected from what seems to be an unfair eviction process?
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A:
It sounds like you're facing a challenging situation, and there are a few steps you can take to protect yourself. First, ensure you have all documentation related to your lease, including any communication with the landlord and records of your move-in dates. This will help clarify the misunderstanding about your lease renewal and move-in date, as these issues seem central to the eviction.
Since you’ve already had a court date, it’s important to follow up with the court and your attorney about the status of the decision. If the judge has taken the matter under advisement, make sure they have all the necessary evidence, especially regarding the maintenance issues that were unresolved, as these could strengthen your case. The fact that the landlord was slow to address critical heating problems could be important, as Massachusetts law requires landlords to provide habitable living conditions.
If you haven’t already, you might want to explore filing a counterclaim for breach of the implied warranty of habitability due to the maintenance issues, as this could work in your favor. Continue documenting everything and keep communication with the court, your attorney, and the landlord organized and up to date. These steps will help ensure you are taking the right actions to defend against the eviction.
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