Youghal, LLC v. Entwistle (2020)

Citation: Youghal, LLC v. Entwistle (2020)
Parent Document: Youghal, LLC v. Entwistle (2020)
Jurisdiction: Massachusetts (state)
Effective Date: 2020-03-23
Original Source: https://www.courtlistener.com/opinion/4738554/youghal-llc-v-entwistle/ ↗

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c. Retaliation. Finally, we conclude that the Housing
Court judge correctly rejected the tenants' claim that the
landlord's summary process action was brought in retaliation for
their complaints about the condition of the premises. See G. L.
c. 186, § 18; G. L. c. 239, § 2A. By statute, if a landlord
commences an action within six months of such a complaint, a
presumption of retaliation arises. See G. L. c. 186, § 18 ("The
receipt of any notice of termination of tenancy, except for
nonpayment of rent, . . . within six months after the tenant"
exercises such rights "create[s] a rebuttable presumption that
such notice or other action is a reprisal against the tenant for
engaging in such activities"). For purposes of G. L. c. 239,
§ 2A, a rebuttable presumption arises, whether or not the action
was for nonpayment of rent. See South Boston Elderly
Residences, Inc. v. Moynihan, 91 Mass. App. Ct. 455, 468-469
(2015) ("For the landlord to overcome the statutory presumption
of relation . . . there still would need to be clear and
convincing evidence that the landlord would have sent the notice
to quit in the same manner and at the same time").

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