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  1. #1
    Join Date
    Mar 2011
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    3

    Default Can Eviction for Non-Payment of Rent Be Retalitory

    My question involves an eviction in the state of: Massachusetts

    A notice-to-quit is being sent out to some tenants, but the landlord got wind that they may have called code for something (not sure what).

    Can evicting a tenant for non-payment of rent be considered retaliatory if a code violation is received by the landlord before the notice-to-quit is received by the tenant?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Eviction for Non-Payment of Rent Retalitory

    It very well could be, but it would mean little if the rent had not been paid. Being determined "retaliatory" doesn't mean they can't evict you, but they have to prove that the reason isn't the retaliation. A deadbeat tenant would be considered evictable regardless of what else was going on.

  3. #3
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Eviction for Non-Payment of Rent Retalitory

    Thank you for the reply! I am a relative of the landlord (not living on the premises), but have been speaking at-length about this stressful and dangerous issue.

    I recently found out from the landlord that the deadbeat tenants haven't paid rent in quite some time for no other reason other than they are deadbeats and don't want to work. I believe the code papers and notice to quit were received the same day by both parties. The tenants can't prove that they ever paid rent (because they haven't paid).

    The code violations were fixed in one day because they were comprised of lies and damage that was done by the devious tenants themselves (some of these actions actually risked the lives of everyone in the building). Of course, they will just tell the courts that "it was like that" or that "it was the landlords fault". I believe the landlord filed police reports for this tampering and deliberate damage on the days they were discovered (some were discovered before the code notice was received), so hopefully that will help the landlord's case.

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