How can a tenant legally challenge an eviction notice?
In Massachusetts, tenants have the right to challenge an eviction notice if they believe it is not legal or that the landlord is in violation of the law. The tenant can file an answer with the court that issued the eviction notice and appear in court to contest the notice. The tenant should bring evidence to support their position including any applicable rental agreements, and a record of communications with the landlord about the matter. Documentation such as emails, letters, text messages, or other written communications can be useful in making a legal argument. The tenant can also make an affirmative defense to contest the eviction notice. This entails presenting an argument that proves the eviction notice is invalid or that the tenant is not at fault. For example, the tenant could argue that the landlord failed to provide proper maintenance or repairs that led to the eviction. If the tenant is successful in their challenge, the eviction notice will be voided and the tenant will remain in the property. However, if the court rules in favor of the landlord, the tenant will be required to vacate the property. Either way, the tenant has a right to contest an eviction notice through a legal argument, and should use any evidence available to support their case.
Related FAQs
Are there any laws governing the use of a third-party guarantor?How can a landlord properly handle pet deposits?
What are the legal consequences of a tenant breaking a rental agreement?
What are the laws governing the return of a security deposit after a tenant moves out?
What should I do if my landlord refuses to make repairs?
What is the law regarding rent increases?
Are there any laws governing the disclosure of a tenant’s personal information?
Are there any laws governing the use of rental applications?
What type of notice must a landlord provide when terminating a tenant’s lease?
What type of written notice must a landlord provide when raising a tenant’s rent?
Related Blog Posts
Understanding How Landlord and Tenant Law Works - July 31, 2023Tips for Landlords: Know Your Rights and Responsibilities Under Landlord and Tenant Law - August 7, 2023
The Key Components of a Landlord and Tenant Agreement - August 14, 2023
What is a Landlord’s Obligation to their Tenants? - August 21, 2023
The Basics of Evictions and How Landlord and Tenant Law Offers Protection - August 28, 2023