When a tenant does not follow the terms and conditions of their lease or rental agreement, it may be time for an eviction. Sometimes, though, tenants are wrongfully targeted for evictions or landlords otherwise try to unlawfully evict them. In either case, tenants have rights and can defend themselves against eviction in Massachusetts. As a tenant, you must ensure you comply with the rules and follow the procedures accordingly to secure justice. A mistake can cause delays and other problems contrary to your interests.
At Progressive Law, LLC, our tenant-landlord attorney handles eviction cases in Haverhill. We know the law. We know the arguments that are often used on both sides. And we act proactively and professionally to make sure your interests and rights are protected and upheld. Contact us today at 9782012081 to schedule a Free 15 Minute Telephone consultation.
Basic Eviction Process in Massachusetts
Depending on your jurisdiction, the action taken against you to start the eviction process may be referred to as forcible entry and detainer, forcible detainer, or unlawful detainer. As such, the exact process for eviction varies from state to state, but some steps are common in almost all jurisdictions.
- Proper Notice: A tenant must be given proper notice that they must leave the premises by a certain date. State laws may require that this notice be posted on the property, mailed to a certain address, or served on the tenant.
- File and Serve Notice: Generally, the landlord will next need to file a complaint in the proper court and have the tenant served with a notice of hearing regarding their occupancy of the property.
- Hearing Held: A hearing is held before a judge. It is important to have representation here because the landlord or property owner likely has representation and has undertaken these types of proceedings on a fairly regular basis and so knows the process well. If you do not defend yourself sufficiently, the judge may agree that the eviction should move forward and will set a date for the tenant to vacate the property.
- Tenant Removed: If the tenant still does not leave, the landlord may enlist the help of local law enforcement to have the tenant evicted from the property.
Again, the exact process varies by jurisdiction. It is in your best interest if you live in Massachusetts to contact us at 9782012081 so that you can get your specific questions and concerns answered and have your rights protected. We can also represent you during the hearing and advocate your interests before the judge.
Possible Reasons a Landlord Can Evict in Massachusetts
Every state has rules that establish reasons why a landlord can legally evict a tenant. These reasons may include but are not limited to:
- Failure to pay rent in full when due
- Failure to comply with the terms of the lease agreement
- Committing an illegal act
- Violation of the no-pets rule
To know the exact reasons allowed in Massachusetts, it is best to contact our evictions attorney who handles evictions and other landlord-tenant matters.
Tenant Rights during an Eviction
Each state affords tenants certain rights during the eviction process. While these rights vary by jurisdiction, one of the most common rights is the right to defend against eviction. Every state has defenses to eviction available to tenants, and when a tenant feels that their rights have been violated, they have the ability to raise one of these defenses. Defenses include improper notice and acceptance of rental money. When a tenant raises a defense, they have the right to remain on the property until a judge makes a finding on the eviction and their right to stay on the property or in the rental unit.
When a tenant rents property, there is typically a contract, or lease agreement, that is signed. Tenants should read this contract to understand any rights they might have under its terms. Also, tenants have the right to seek counsel from an attorney.
Landlord Obligations during an Eviction in Massachusetts
Landlords have certain rules they must abide by during the eviction process. While the specific rules vary by jurisdiction, landlords typically cannot:
- Evict a tenant without cause
- Evict a tenant as a form of retaliation
- Enter the property and remove items belonging to the tenant
- Block the tenants' access to the property
- Evict a tenant without proper notice of the eviction
Landlords often become upset when they have a tenant who is not paying. Even so, they must follow the legally mandated protocol for eviction.
Defenses to Eviction in Massachusetts
Defenses to eviction vary by state. However, there are some defenses that are more commonly utilized than others, like failure to maintain the premises, acceptance of rent monies, blocked access to the home, improper notice, and retaliatory eviction.
Failure to Maintain Premises
Landlords have an obligation to maintain the premises being rented. Sometimes, they fail to follow through, causing the tenant to take matters into their own hands. For example, if a tenant can show that they notified the landlord (in writing) of a problem with the property, and the landlord failed to respond within a reasonable time forcing them to hire someone to repair the property instead, they may have a defense to an eviction. In states that allow this, the amount of repairs is generally deducted from the amount of rent.
Acceptance of Rent Monies
In most areas, when a landlord accepts rent money from a tenant, they cannot proceed with eviction during that rental period. The amount of money accepted by the landlord does not have to be the full amount of the rent that is owed.
Blocked Access to Home
Some landlords become frustrated with a tenant and block their access to the rental property. When they do this before the eviction process is complete, most states will stop the eviction. Examples of blocked access include changing the door looks and turning off the utilities.
Breach of Implied Warranty of Habitability
The tenant asserts that the landlord failed to maintain the rental unit in a habitable condition, and, as a result, they withheld rent or repaired the issue themselves.
Improper Notice
Improper notice is a common defense in most states. Eviction is a process with specific rules and established time frames. When landlords do not adhere to these specific laws, tenants can use that non-compliance as a defense to eviction. For example, the landlord fails to provide the required notice (e.g., 3-day, 7-day, or 30-day notice) or serves it incorrectly – proper notice is typically a prerequisite for filing an eviction action.
Discrimination
The tenant claims the eviction is based on discrimination against a protected class under the Fair Housing Act. These classes include but are not limited to:
- Race
- Ethnicity
- National origin
- Religion
- Sex or gender
- Familial status
- Disability
Retaliatory Eviction
Sometimes landlords become upset when a tenant reports them for code violations or requests that repairs be made to the property and then proceed with an eviction for no other reason than retaliation. When this occurs, the tenant may have a solid defense to the eviction process.
Contact an Evictions Attorney in Haverhill Today
Whether you are the tenant or the landlord, an eviction can be a frustrating, time-consuming process. Making sure you know your rights and responsibilities can go a long way to secure a favorable outcome.
At Progressive Law, LLC, our eviction lawyer in Haverhill will review your case and advise you of your best legal options. Acting proactively and professionally throughout the course of this process will help you in the long run, and we can help make sure that happens through smart, skillful representation. Contact us today either by filling out the online form or calling us at 9782012081 to schedule a Free 15 Minute Telephone consultation.