Transfers to Housing Court

Massachusetts's trial court system has a unique forum for resolving housing matters: Housing Court.  Housing Court has jurisdiction over civil and criminal matters related to the  health, safety, or welfare of the occupants or owners of residential housing.  In addition to eviction cases (probably the most common type of case in Housing Court), Housing Court can hears civil, criminal, and small claims cases related to housing.

Housing Court's jurisdiction does not cover every town and city in Massachusetts.  Claimants need to check if they live in a part of Massachusetts that Housing Court covers (presently, there is a growing movement to expand Housing Court statewide to every Massachusetts town and city).   

Housing Court has a unique feature that allows plaintiffs and defendants to transfer their case into Housing Court, if Housing Court has jurisdiction over the case.  A transfer to Housing Court can be done anytime up to the day before trial and only requires the submission of a simple transfer form to the original court and Housing Court.


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http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/transfers-to-housing-court.html

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http://www.sherwinlawfirm.com 

Injunctive Relief

Sometimes, a party in a landlord/tenant case needs the court to do more than simply award monetary damages or possession of the property.  In such cases, injunctive relief can be a good option.

An injunction is a court order that mandates or prohibits a party from doing a certain action.  A landlord, for example, can obtain an injunction against a tenant to enjoin them from damaging property (if they have sufficient evidence that this harm is occurring).  Tenants can also get injunctions; these are obtained frequently when a landlord refuses to fix dangerous conditions in a property. 

To get an injunction, a party needs to show irreparable harm--damages that cannot be resolved through monetary damages. Fortunately, matters involving property are often sufficient for this type of relief.  

If you are facing a landlord/tenant problem that requires immediate attention, consult an attorney to determine if an injunction is right for you.    

BLOG POST:

http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/injunctive-relief.html

WEBSITE:

http://www.sherwinlawfirm.com 

  

  

Use-and-Occupancy Payments in Eviction Cases

"Use-and-occupancy" is a common request in landlord/tenant cases, where the tenant is residing in the rental property without paying rent to the landlord while the eviction case is ongoing.  Use-and-occupancy payments are "rent" that the tenant pays for the duration of the case.  If granted, the court will order the tenant to make monetary payments into an escrow account.  These funds are set aside and no party is permitted to touch them until the case is resolved.  

While landlords often request use-and-occupancy during an eviction case, few obtain this form of relief.  A landlord can certainty obtain a monetary judgment against a tenant after the case is over, if the landlord wins.  It becomes tougher, however, for a landlord to obtain use-and-occupancy payments before a case is concluded.  Massachusetts eviction law does not expressly allow for use-and-occupancy payments before an eviction is over, and many judges are reluctant to grant this relief.

Landlords who are trying to obtain use-and-occupancy during a landlord/tenant case need to make a strong case for a court to permit this form of relief.  A court can sometimes be persuaded to allow use-and-occupancy payments through a preliminary injunction if a landlord can show that it will suffer irreparable harm if the tenants pay no rent through the duration of the case.  This, however, is a tough argument to make.

If a landlord cannot obtain use-and-occupancy payments, another option for a landlord in this scenario is to request that the court schedule the trial as soon as possible, so as to avoid delaying the case. Sometimes a court can be pursuaded to move up a trial if one party demonstrates a real need for a quick resolution to the matter. 

Are you in need of legal assistance for a landlord/tenant case? Contact me for a consultation.  

BLOG POST URL:  http://malandlordtenantlawblog.sherwinlawfirm.com/2015/02/use-and-occupancy-payments-in-eviction.html