Massachusetts Attorney General

Citation: Massachusetts Attorney General
Jurisdiction: Massachusetts (state)
Source: Official source
Original Source: https://www.mass.gov/guides/landlord-rights-and-responsibilities ↗

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Summons and Complaint. During the eviction process the tenant will have the right to raise defenses to the eviction and present counterclaims for monetary damages. Some common defenses to eviction include:
• Failure to properly terminate the tenancy.
• The landlord failed to correct known problems with the unit.
• The landlord is evicting you in retaliation for activities protected by law.
• Discrimination, including that the landlord failed to make a requested reasonable accommodation necessary to allow a person with a disability to live in the home.
Defenses and counterclaims are filed with the Court (with a copy given to the landlord) in an Answer. Tenants may also serve (present) the landlord with Discovery Requests, including requests for information and documents that may be necessary at trial. Deadlines are important. Both landlords and tenants should carefully read all notices received from the Court and are encouraged to seek legal assistance as early in the process as possible.