What happened in Youghal v. Entwistle and what does it mean for Massachusetts landlords?

In Youghal, LLC v. Entwistle, 484 Mass. 1019 (2020), the Massachusetts Supreme Judicial Court held that a Notice to Quit taped to a tenant's door is not legally 'given' until the tenant actually receives it. Because the landlord filed the Summary Process complaint exactly fourteen days after the date of receipt — and the day of receipt is excluded from the calculation — the filing was one day too early and the case was dismissed. The lesson: serve Notices to Quit through a licensed constable or sheriff, obtain documented proof of the actual delivery date, and do not file until the full statutory notice period has elapsed from the date of actual receipt.

Can a property manager file an eviction on behalf of a Massachusetts landlord?

No. In Rental Property Management Services v. Hatcher, 479 Mass. 542 (2018), the Massachusetts Supreme Judicial Court held that only the owner or lessor of a property has standing to bring a Summary Process eviction action. A property manager who signs and files an eviction complaint on behalf of the owner is engaging in the unauthorized practice of law. A court must dismiss such a case with prejudice for lack of subject matter jurisdiction — even without a motion from the tenant — and the dismissal is compulsory, not discretionary.

Can a tenant raise habitability as a defense in a Massachusetts nonpayment eviction?

Yes. Under the implied warranty of habitability recognized in Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973), and codified in M.G.L. c. 239, § 8A, a tenant may raise Sanitary Code violations and habitability defects as both a defense and an affirmative counterclaim in a Summary Process eviction. The tenant does not need to have formally withheld rent or filed a Board of Health complaint before raising this defense. Proof of Sanitary Code violations creates a legal presumption in the tenant's favor and can reduce or eliminate the landlord's rent judgment — or result in a damages award against the landlord.

What is the security deposit trap in a Massachusetts eviction case?

Under M.G.L. c. 186, § 15B, a landlord who collected a security deposit has strict obligations: placing it in a separate interest-bearing account, providing written notice of the bank and account number within 30 days, paying annual interest, and providing annual written statements. A landlord who failed to comply with any of these requirements faces a counterclaim under M.G.L. c. 239, § 8A for three times the deposit amount plus attorney's fees — regardless of how much rent the tenant owes. This counterclaim can offset or exceed the landlord's entire rent judgment.

Must a Massachusetts LLC or corporation be represented by an attorney in an eviction case?

Yes. Under Massachusetts law, corporations, LLCs, partnerships, and trusts must be represented by a licensed attorney in court proceedings. A landlord who owns property through a business entity and attempts to represent that entity without counsel in a Summary Process action faces dismissal. This rule was confirmed in Rental Property Management Services v. Hatcher and its predecessor Varney Enterprises, Inc. v. WMF, Inc., 402 Mass. 79 (1988). Attorney representation is legally required, not merely advisable.

What happens if a Massachusetts landlord accepts rent after serving a Notice to Quit?

Accepting rent after serving a Notice to Quit can be treated as a reinstatement of the tenancy and a waiver of the landlord's right to proceed with the eviction under that notice. Any rent received during the eviction process should be accompanied by a properly drafted written reservation of rights that expressly preserves the landlord's right to continue the eviction notwithstanding receipt of payment. Most landlords acting without counsel do not know to include this language.

Can a Massachusetts landlord change the eviction grounds after serving the Notice to Quit?

No. Under the Uniform Summary Process Rules, the grounds stated in the Summary Process Complaint must match precisely the grounds stated in the Notice to Quit. A landlord who serves a nonpayment notice but then tries to pursue the eviction on a lease violation ground — or vice versa — is subject to immediate dismissal. The landlord is legally confined to the grounds identified in the original notice. If new grounds arise after the notice is served, a new Notice to Quit on those grounds may be required before a compliant complaint can be filed.

Richard Gaudet, Esquire - Law Offices of Richard Alan Gaudet, LLC

The Mistakes Massachusetts Landlords Make When Evicting a Tenant:

Lessons from the Courts and Why Every Landlord Needs an Experienced Massachusetts Eviction Attorney By a Massachusetts Landlord-Tenant Attorney |...

Gender-Based Wage Discrimination in Massachusetts: What Employees and Employers Need to Know About New Laws and Workplace Rights

How Massachusetts Law Views Gender Based Discrimination The Law Offices of Richard Alan Gaudet, LLC | Employment Law | Massachusetts...

About Richard Gaudet, Esquire

The Mistakes Massachusetts Landlords Make When Evicting a Tenant:

Gender-Based Wage Discrimination in Massachusetts: What Employees and Employers Need to Know About New Laws and Workplace Rights

Massachusetts Employers Facing a Contract Law Claim

Sexual Harassment in the Massachusetts Workplace: What Employees and Employers Need to Know

Religious Discrimination in the Massachusetts Workplace: What Employees and Employers Need to Know

Massachusetts Pay Transparency Law – What Employers and Employees Need to Know | Gaudet Law Office

Retaliatory Eviction in Massachusetts:

Illegal Activity as Grounds to Evict a Tenant in Massachusetts:

Procedural Pitfalls in Massachusetts Summary Process Evictions:

Massachusetts General Laws Chapter 239:

Contact Us

About Attorney Gaudet