Stopping an eviction before a trial
This section explains some ways you may be able to stop an eviction before trial.
Endnotes
48 . See Patti v. White, Boston Housing Court, No. 11-SP-2116 (Pierce, C.J., Dec. 27, 2011) (costs of missing trash containers and removal of personal property stricken); Deep v. Tremblay, Western Housing Court, No. 10-SP-4716 (Fields, J., Apr. 15, 2011) upheld without addressing specific issue, 81 Mass. App. Ct. 1131 (2012, Rule 1:28) (late fees); Alzamora v. Voguenel, Boston Housing Court No. 06-SP-3517 (Edwards, J., Nov. 15, 2006); Miguel v. Veenstra, Southeast Housing Court, No. 05 SP-3364 (Edwards, J., Dec. 9, 2005); Hackett v. Smith, Boston Housing Court, No. 14-SP-1109 (Muirhead, J., Apr. 11, 2014) (mailbox replacement and additional water usage).
52 . Mastrullo v. Ryan, 328 Mass. 621, 624 (1952); Jones v. Webb, 320 Mass. 702, 705 (1947); Collins v. Canty, 60 Mass. 415 (1850).
53 . Whitehouse Restaurant, Inc. v. Hoffman, 320 Mass. 183, 186-87 (1946).
54 . Roseman v. Day, 345 Mass. 93 (1962) (applying the rule to business lease).
55 . Slater v. Krinsky, 11 Mass. App. Ct. 941, 942 (1981) (rescript).
56 . G.L. c. 186, §§11, 12.
57 . Mass. R. Civ. P. 14.; Loring Towers Assocs. v. Furtick, 85 Mass. App. Ct. 142, review denied, 468 Mass. 1107 (2014).
58 . Mass. R. Civ. P. 12(b). The most common ground is that the court lacks jurisdiction or power to decide the case. Mass. R. Civ. P. 12(b)(1). Jurisdiction in summary process is limited by statute to cases in which the defendant is in possession of the premises "unlawfully against the right of the plaintiff." G.L. c. 239, §2. If the tenancy has not been "terminated" properly, the tenant is not in unlawful possession and the courts lack jurisdiction.
59 . The rules for eviction cases in court are the Uniform Summary Process Rules (U.S.P.R.), which are reprinted at the end of this book.
60 . U.S.P.R. 6.
61 . U.S.P.R. 6.
62 . If the tenant files a demand for discovery, the trial date will automatically be postponed for two weeks. The motion to dismiss, however, will be heard on the original trial date.
63 . G.L. c. 239, §2 defines the court's jurisdiction in summary process and allows the landlord only to recover possession of the premises, rent, and/or use and occupation. "Summary process is a purely statutory procedure and can be maintained only in the instances specifically provided for in the statute." Cummings v. Wajda, 325 Mass. 242, 243 (1950).