Tenants' Legal Rights and Defense Strategies
Explore essential tips for tenants facing legal challenges with landlords, including emergency repairs, court procedures, affidavits, and defense strategies. Learn how to protect your rights and navigate landlord-tenant disputes effectively.
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Presentation Transcript
Tenants side of the same coin Tenants side of the same coin Elements are the same for either side Landlord attorney should think these through when evaluating case Parallel tracks might offer non-litigation solutions or strengthen your case if litigation is required
Emergency Repairs Inspectional Services / Board of Health Notice to Landlord before ISD and report also serves as notice Emergency repairs 24 hours Proof of conditions that can be hard to show- no heat Red Cross Court- TRO Notice to Landlord before going to court Verified Complaint or Affidavit Short order of notice- contact info for tenant Time frame can be same day in emergencies Hotel
TRO TRO Affidavit Affidavit E-signatures for affidavits SJC June 11, 2020 update order on e-signing for attorneys and pro se Party has reviewed and approved the document Party has expressly authorized the attorney to sign it on party s behalf Party must also expressly authorize attorney to sign on party s behalf under pains and penalties signed w/ approval , sign attorney name, print attorney name, and BBO- after party s e-signature
Content for Affidavit Content for Affidavit Establish tenancy or right to occupancy Who else lives there, kids, size of household, etc. Most serious condition first and details on duration or cause if known Notice to landlord- this is key Impact on tenant Other related issues that alone might not be emergency, or statement that other issues exist and that this affidavit only covers one specific emergency.
Examples of Emergencies Examples of Emergencies No heat, or other utilities, serious physical / structural issues Lockouts, by landlord, roommates, lost keys that won t be replaced Harassment by landlord, agents, others under landlord control Roommates Domestic violence G.L. c 186 23 to 29 (example -change locks) TRO specifically authorized in 27 Other issues
Defenses Against Landlord Claims c. 139 Defenses Against Landlord Claims c. 139 19 19 Defective process- Tenant must be served complaint as well as order of notice expedited process but rules of civ pro still apply Federal subsidy lease requirements are not waived Wrongdoer is not tenant or occupant Alleged activity did not occur on the Premises Single incident possibly not enough to show premises used for the purpose of SOL - G.L. c. 260 5 (1 year or 2 years on behalf of commonwealth e.g., Boston Housing Authority)
DIDNT DO IT Defense on the facts
REASONABLE ACCOMMODATION REASONABLE ACCOMMODATION Tenant has a disability Nexus between disability and problem Equal access to housing but for the disability Interactive process to find an accommodation that is reasonable Need not be the first thing that Tenant or Landlord suggests Tenant not required to propose the solution Solution must be reasonable, but also not a one strike rule
