First-Tier Event Master Checklist

Getting a Case

  • Do you have a Masscourts.org login?

  • Did you confirm the date of the First Tier Event?

    • Under Housing Court Standing Order 1-23, the Answer and Discovery Requests and Jury Demand are due three full business days before the First Tier Event (FTE).

  • Do you have an e-filing account?

Preparing for the Client Interview

  • Have you reviewed the Model Answer?

  • Have you sent a Limited Assistance Representation (LAR) Retainer to your client?

    • Have you explained to the client what ‘limited assistance’ means? Have you explained the scope of your representation? Have you explained attorney-client privilege?

  • Have you sent a signed LAR retainer to the Pro Bono Unit?

  • Have you sent a signed citizenship form to the Pro Bono Unit? Or confirmed there is already one on file?

  • Have you arranged a good time to speak with the client?

Interview Questions

  • What are the client’s goals?

    • *If the tenant says they want to move out, have you reminded them that moving out is ‘easier said than done’? Also, based on the strength of the defenses + counterclaims, they may have an option to move out with an incentive for doing so, instead of being forced out by a fixed date.

  • What is the living situation?

    • What type of building?

      • Single-family? Two-family? Apartment building?

      • How many units?

      • Owner-occupied?

    • When did they move in?

    • Who lives with them?

    • What kind of relationship do they have with the landlord?

  • What’s the affordability of the current home?

    • What’s the household’s monthly income?

    • What’s the rent?

    • How do they pay the rent?

    • Do they receive a housing subsidy?

      • For example, do they receive a Section 8 Housing Voucher?

    • Is there a lease? Was there a lease?

      • Do they have a copy they can send you?

    • If behind on rent, by how much?

    • Have they received a Notice to Quit for nonpayment of rent in the last year?

    • Have they applied for RAFT?

      • If so, have they received RAFT?

        • How much?

        • When did the landlord receive it?

  • What are potential claims?

    • What payments did they make when they moved in?

      • Security Deposit?

      • Last Month’s Rent?

      • For either, did they receive any receipts?

      • For the security deposit, did the landlord place it in a separate interest-bearing account and inform them of that? Did the LL pay them yearly interest?

      • For the last month’s rent, did the landlord pay yearly interest?

    • Do they pay for any utilities?

      • Heat? Electric?

      • Is that utility agreement in writing?

    • Are there bad conditions in their home (either now or in the past six years)?

      • Examples: leaks, heat issues, mice/cockroaches/bedbugs, drafty windows, lead paint, etc.

      • For each issue, ask:

        • How long have they been experiencing the issue? When did the issue begin?

        • Does the landlord know about the issue?

          • How? Orally, in writing?

        • Did the landlord repair the issue promptly?

        • When was the issue repaired?

        • How did the issue affect you (and your family)?

    • What’s happened since receipt of the Notice to Quit?

      • When did they receive the notice to quit?

      • Have they made any payments since receiving the notice to quit?

        • Were there any issues with the landlord accepting payments?

After the Interview

  • Have you edited the discovery requests to conform to specific information the tenant provided during the interview?

    • If the tenant tells you that the landlord has a copy of something important – for example, that the landlord came into the property to take photos of conditions – you may want to write a Document Request specifically tailored to that document(s) so that the LL has no wiggle room in not responding.

  • Have you served the Answer and Discovery Requests before filing them?

    • If the landlord is represented by counsel, you may serve via email before filing.

    • If the landlord is pro se, you must serve by mail, allowing for receipt three full business days before the FTE.

  • Have you reached out to opposing counsel if you think it may be helpful?

Tier 1 Mediation

  • *If no-cause, have you asked why the landlord wants to evict the tenant?

Beyond Tier 1

  • Have you established a discovery schedule?