Limited Assistance Representation.

Notice to Quit. The notice that terminates a tenancy at the end of its notice period, which runs from the day after the tenant actually receives notice. The type of eviction case (nonpayment, no cause, cause) is indicated in this notice.

Key case: Cambridge Street Realty, LLC v. Stewart, 481 Mass. 121 (2018)

First-Tier Event. Since COVID, the Housing Court modified its procedural system via Standing Orders so that all cases now have two tiers: first tier (mediation) and second tier (trial). All cases must pass through the first tier before ‘escalating’ to the second.

Answer and Discovery Requests. Under the current Housing Court Standing Order, these are timely (along with a jury demand) if served and filed three full business days before the F.T.E.

When a tenant misses the deadline for filing, it must move to have its answer and discovery requests accepted, explaining why they’re late. The motion is called “Motion to File Late Answer and Discovery (as if Timely Filed).” Or, “Late A and D”.

Key case: Morse v. Ortiz-Vazquez, 99 Mass.App.Ct. 474 (2021)

Under c. 239, § 15, a tenant is entitled to a continuance or a stay if:

(a) the case is one for nonpayment;

(b) the nonpayment was due to ‘financial hardship’; and

(c) tenant demonstrates ‘a pending application for emergency rental assistance.’

Applicable to both nonpayment and no-cause cases. If this statute’s (c. 239, § 8A) requirements are met, a tenant’s counterclaims can serve as defenses to possession. A very powerful tool.

With the warranty of habitability, the other primary cause of action for conditions-related claims. G.L. c. 186, § 14.

With quiet enjoyment, the other primary cause of action for conditions-related claims. The landlord must ensure that the tenant’s home is in decent condition (habitable) and meets the requirements of the State Sanitary Code.

Reasonable Accommodation. This is the legal requirement that a landlord provide some services or equipment, or change a lease or rules about a tenancy to allow a disabled tenant to stay in their home.

Key case: BHA v. Bridgewaters, 452 Mass. 833 (2009)

Agreement for Judgment. These sorts of agreements have many variations. But they all share the possibility of judgment entering. This means that a landlord will either be able to ask for an execution (because judgment already entered) or for judgment to enter. Once an execution issues, a tenant can be evicted.

Because of the serious consequences of this type of agreement, please check in with a supervisor before signing.

In contrast to an A.F.J., the recourse for a breach of a stipulation is typically to return to the case to the trial calendar.