JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others. (2025)

Citation: JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others. (2025)
Parent Document: JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others. (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-08-21
Original Source: https://www.courtlistener.com/opinion/10658045/jeffrey-campbell-v-mansour-abd... ↗

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This was error.  Section 8A "is not the exclusive authority for defenses and counterclaims in summary process."  Bank of Am., N.A. v. Rosa, 466 Mass. 613, 621 (2013).  Strict application to § 8A of "the maxim of statutory construction that the expression of one thing in a statute is an implied exclusion of other things not included in the statute" is unwarranted, Rosa, supra at 619, especially where it would require us to graft to § 2A's use of "an action for summary process" the qualifiers in § 8A -- "pursuant to a notice to quit for nonpayment of rent, or where the tenancy has been terminated without fault of the tenant."  See Commonwealth v. Ubeda, 99 Mass. App. Ct. 587, 595 (2021), quoting Commonwealth v. Mansur, 484 Mass. 172, 176 (2020) ("we will not 'add language to a statute where the Legislature itself has not done so'").

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