Frequently Asked Questions

General Questions

1.01. What is the Housing Court? What kinds of cases does the Housing Court handle? Where can I file a Housing Court case?

The Massachusetts housing courts were established to handle cases involving residential housing. In addition to summary process (eviction) cases, the courts’ jurisdiction includes small claims cases, consumer protection cases, and civil actions involving the health, safety, or welfare of the occupants or owners of residential housing, including cases with personal injury, property damage, breach of contract, and discrimination claims.

The housing courts have jurisdiction to hear appeals of local zoning board decisions that affect residential housing, as well as appeals of tickets issued by state and local code enforcement agencies and the state fire marshal’s office. Landlords, tenants, and homeowners may seek equitable relief in the housing court in the form of restraining orders and injunctions to enforce their rights under any of the state’s laws and regulations relating to residential housing. Additionally, housing courts have jurisdiction to hear criminal cases that are brought to enforce local ordinances or state sanitary, building, and fire prevention codes which regulate residential housing. The jurisdiction of the housing courts generally does not extend to cases involving property that is solely commercial.

At this time, not all parts of the state are served by a housing court. Barnstable, Dukes, Nantucket, and Norfolk (except Bellingham) counties, as well as some cities and towns in Middlesex and Suffolk counties, are not served by a housing court. The areas of geographic jurisdiction of the five housing courts are listed at this internet site:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/index.html#county

1.02. I understand that the Housing Court offers mediation to resolve cases before it. Where can I find information about mediation?

At this internet site:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/brochmed.html

http://mass.gov/courts/courtsandjudges/courts/housingcourt/brochmedspanish.html (en Español)

1.03. I understand that housing specialists work for the Housing Court. What do they do?

Housing specialists are employees of the court who serve as mediators for cases that are filed in the housing court. They provide information about Massachusetts housing laws to the public and assist parties who file cases in the housing court. A housing court judge may ask a housing specialist to conduct an inspection of residential property to determine if it meets the sanitary, building, or fire prevention codes or to investigate an issue that is in dispute between parties in a case. The housing specialists provide information and referrals to resources that are available in the court and from government agencies, housing authorities, and non-profit agencies in the local community.

1.04. I have a case in court, but I do not speak or read English. What should I do?

You should contact the clerk’s office as soon possible and tell them the language that you speak. You should do so also as soon as you know that another party or witness in the case will need an interpreter. The court will provide an interpreter to translate between the language you speak, or the language another party or witness speaks, and English.

More information about court interpreter services can be found at this internet site:

http://mass.gov/courts/admin/planning/interpreters.html

1.05. I have a case in court, and I have a disability and need some assistance to participate in my case. What should I do?

If you need assistance, you should contact the clerk’s office at the court where your case is pending and speak with the Americans with Disabilities Act (ADA) coordinator about the accommodation you need, e.g. a sign language interpreter, a hearing assistance device, a different time of day for your hearing. The court will make a reasonable accommodation to ensure that a person with a disability has full and fair access to the court.

1.06. Is there any help for landlords and tenants in a situation where a residential tenant is violating the terms of the tenancy or is not paying the rent and the problems are related to the tenant’s disability?

Yes. The Tenancy Preservation Program (TPP) operates in the housing courts and provides social workers who work with tenants to find solutions to disability-related issues that will satisfy the needs of the landlord, the tenant, and affected neighbors, preserving the tenancy where possible. TPP social workers are not employees of the court but are employed by independent agencies that contract with the Commonwealth. If you would like this assistance, you should contact the clerk’s office at the court where your case is pending to make a referral to the Tenancy Preservation Program.

More information about TPP can be found at these internet sites:

http://www.mass.gov/courts/courtsandjudges/courts/housingcourt/tenancy-preservation.html and press release @ http://mass.gov/courts/press/pr052810.html

https://www.masshousingrental.com/portal/server.pt/gateway/PTARGS_0_12725_3402_0_0_18/TPP_Map.pdf

1.07. I understand that there are attorneys who volunteer their services in Lawyer for a Day programs (LDP) that are sponsored by legal services programs and bar associations to help landlords and tenants with their cases in the Housing Court. Where can I find information about LDP?

General information about LDP can be found at the internet site below. Contact your local housing court for information about when and where LDP is available.

http://www.mass.gov/courts/courtsandjudges/courts/housingcourt/lawyer-for-a-day.html

1.08. I understand that there are attorneys who participate in a Limited Assistance Representation (LAR) program which allows them to represent landlords and tenants on a limited basis for just some but not all parts of a case. Where can I find information about the LAR program?

At this internet site:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/lar.html

1.09. I have a case concerning housing that is pending in the District Court or the Superior Court. Can I transfer my case to the Housing Court?

Yes. Any party can transfer a summary process (eviction), small claims, or civil case that involves residential property and is pending in another court to the housing court before the trial begins in the case. A notice of transfer form should be filed in both courts and served on all parties or their attorneys. Criminal cases cannot be transferred into the housing court.

Notice of Transfer form:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/forms/noticeoftransfer.pdf

You should be aware, however, that, at this time, not all parts of the state are served by a housing court. Barnstable, Dukes, Nantucket, and Norfolk (except Bellingham) counties, as well as some cities and towns in Middlesex and Suffolk counties, are not served by a housing court. The areas of geographic jurisdiction of the five divisions of the housing court are listed at this internet site:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/index.html#county

1.10. How much does it cost to transfer a case to the Housing Court?

It does not cost anything to transfer an existing case in another court to the housing court.

1.11. I want to request discovery (interrogatories, document requests, and requests for admissions) from the other side in my case. Do I need to file a copy of my discovery requests with the Housing Court?

Discovery requests must be filed with the housing court in summary process (eviction) cases but not in civil cases.

1.12. I received discovery requests (interrogatories, document requests, and requests for admissions) from the other side in my case. Do I need to file a copy of my discovery responses with the Housing Court?

Responses to discovery must be filed with the housing court in summary process (eviction) cases but not in civil cases.

1.13. Are records of Housing Court cases available to the public?

Unless a case or a part of a case is impounded, the files of housing court cases are public records. You may ask to see a case file in person at the clerk’s office during business hours (8:30 a.m. - 4:30 p.m. or as posted at the local court). Also, a limited amount of information about each case is available on public access computers located in the clerk’s office of each court.

1.14. What is the filing fee for summary process and civil cases?

The fee is $135 ($120 entry fee plus $15 surcharge).

Schedule of Housing Court filing fees:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/courtfees.html

If you are indigent and unable to pay the filing fees, the court may be able to waive the fees. The court staff can explain the eligibility requirements and the procedure for requesting a waiver.

Indigency forms:

http://mass.gov/courts/sjc/docs/povertyguidelines.pdf
http://mass.gov/courts/formsandguidelines/aff_indigency.pdf
http://mass.gov/courts/formsandguidelines/supp_aff_indigency.pdf

1.15. How much does it cost to file a motion?

It does not cost anything to file a motion in an existing case.

Questions about Evictions:

2.01. How do I evict my tenant?

The first step in the eviction process is to terminate the tenancy .

You must determine what type of landlord-tenant relationship or “tenancy” you have with your tenant. There are two main types of tenancies: a tenancy-at-will and a tenancy under a lease.

A tenancy-at-will can be either oral or written. Either the landlord or the tenant can terminate a month-to-month tenancy-at-will by giving a written thirty (30) days (minimum) notice to quit that must expire at the end of a rental period. Special attention must be paid to February, which has less than 30 days. Therefore, if the notice to quit is served too late in January, it cannot operate to terminate the tenancy as of March 1.

If there is an unexpired lease, you must examine the lease to determine the permissible grounds for termination, the notice requirements, and the required length of time for the notice. If a lease expires, no further notice to quit is needed because the lease itself contains a term that tells the tenant when the tenancy ends.

To terminate either type of tenancy for non-payment of rent, a written fourteen (14) days notice to quit is required.

If the rent is subsidized by a government agency, you must check the lease and the program regulations to determine any special requirements for terminating the subsidized tenancy, such as stating in the notice to quit the specific reasons you want to terminate the tenancy.

After the notice to quit expires, the landlord must take the second step by purchasing and completing a summary process summons and complaint from the court. The summons and complaint sets the date for trial and must be served on the tenant by an authorized constable or sheriff.

2.02. How do I notify my tenant that I am terminating the tenancy?

The purpose of the notice to quit is to terminate the tenancy, so the tenant must actually receive the notice to quit in order for it to be effective. If a lease expires, no further notice to quit is needed because the lease itself contains a term that tells the tenant when the tenancy ends. However, in other cases, a written notice to quit is required to terminate the tenancy. It must put the tenant on notice of the specific day that the tenancy will end. Unlike the summary process summons and complaint, which must be served by a constable or sheriff, there is no designated way of giving the notice to quit to the tenant. If the tenant gets the notice in any way, it is sufficient. If, however, a constable or sheriff leaves the notice at the last and usual address of the tenant but the tenant does not actually receive it for some reason, the tenant does not have notice. If the landlord sends the notice by registered or certified mail and the tenant does not pick it up, the tenant does not have notice. If the landlord gives the notice directly to the tenant in hand, this is sufficient, but it is advisable to have a disinterested person witness this event.

2.03. Where can I get notice to quit forms?

Sample notices to quit forms are available at the internet site below. Please note that these sample notice to quit forms are provided as a convenience and may not be suitable/legally sufficient in all cases. If you are uncertain how to proceed, seek legal advice.

http://www.lawlib.state.ma.us/subject/forms/formsf-l.html#landlord

2.04. Do I need to state the reason I want to evict my tenant in the notice to quit and summary process summons and complaint?

It depends on why you want to evict your tenant. If the reason for the eviction is a violation of a lease term or nonpayment of rent, this reason must be stated in the notice to quit. If the tenant is a tenant-at-will, or if the lease has expired, no reason other than expiration of the notice to quit or of the lease is required. Special rules apply to mobile home parks, residential hotels and rooming houses, dormitories and community residences, residential superintendents, public housing, and other government subsidized leasing arrangements. In any case, the reason for eviction cannot be an illegal one.

2.05. I served a notice to quit several months ago. Do I have to serve another notice to quit, or can I rely on the earlier notice as the basis for an eviction case?

Unless you have somehow waived your rights to evict under the earlier notice to quit, for example by accepting rent in advance without a written reservation of your rights or by signing a new rental agreement establishing a new tenancy, a new notice to quit is not generally required.

2.06. There was a drug raid in my tenant’s apartment. How soon can I get them out?

Under G.L. c.139 §19, if illegal drugs were found in the unit, the landlord may move for speedy trial in either a summary process case or a civil action. After trial or default, the court may order that judgment enter and execution issue immediately.

2.07. Can I sue my tenant for money damages in a summary process case?

In a summary process (eviction) case, the landlord can sue the tenant for unpaid rent, even if the tenancy was terminated for a reason other than nonpayment of rent. The summons and complaint form includes a section for the landlord to specify the rent that is owed. However, the landlord cannot include a claim for other types of damages, such as property damage or unpaid utilities, in a summary process case. The landlord can file a separate civil or small claims case to recover damages other than unpaid rent.

2.08. Can I sue my tenant for unpaid rent without filing a summary process case?

Yes. The landlord can sue the tenant for unpaid rent (or for other damages) in either a civil or a small claims case. The landlord may consider taking such actions if the tenant owes rent and has moved out before the landlord files an eviction case. The procedures for civil actions are governed by the Massachusetts Rules of Civil Procedure. Normally, it is advisable to consult an attorney before suing a tenant for money damages in a civil action. On the other hand, the small claims procedure is designed to provide an informal process for litigants who wish to proceed without an attorney. There is a $7,000 ceiling (exclusive of punitive damages) on the amount of money damages that can be recovered in a small claims case. Thus, if a tenant owes $9,000 in rent, a small claims judgment will be limited to $7,000 and the $2,000 portion of the unpaid rent debt will be waived.

2.09. The tenant did not come to court on the trial date. What do I do?

You should fill out, sign, and give to the clerk a summary process Rule 10(d)(ii) rent and military affidavit. In this affidavit, you state the amounts of rent the tenant owes you and certify that the tenant is not on active military duty (and therefore is not protected against lawsuits under the Servicemembers Civil Relief Act). The clerk will record the tenant’s default. The clerk’s office will enter a default judgment on the day following the trial date and will send copies to the parties. Ten (10) days after the entry of judgment, you can send a written request for the execution to the clerk’s office.

2.10. If I win the summary process case and am awarded a judgment against my tenant, what is the procedure for having the tenant moved out of the dwelling?

If the court finds for the landlord, the tenant has ten (10) days from the date that the clerk’s office enters judgment to file an appeal. If the judgment did not include a stay of the execution, on the eleventh day, the landlord can request an execution from the clerk’s office. The execution is the document that authorizes the actual eviction. The landlord cannot evict the tenant without the assistance of a constable or sheriff, who must give forty-eight (48) hours written notice to the tenant before the actual eviction can take place.

2.11. Are there any restrictions on when the constable or sheriff can use the execution to move my tenant out of the dwelling?

Yes. The execution can be levied on (used to move a tenant from the premises) only on a weekday (Monday through Friday) between the hours of 9 a.m. and 5 p.m., not on Saturday or Sunday, and not on a legal holiday when the court is closed.

2.12. Does the execution in a summary process case ever expire?

Yes. The execution must be used within three (3) months to regain possession of the dwelling. The monetary portion of the execution is valid for twenty (20) years.

2.13. After I have removed my tenant from the property, how do I collect the money I was awarded in the judgment?

You may have the sheriff use the summary process execution to levy against non-exempt assets. You may want to consult an attorney before you begin this process. Also, you may be able to serve and file a post-judgment motion for payment or for Trustee Process against a third party, such as an employer holding wages. In the alternative, supplementary process under G.L. c. 224 (not to be confused with summary process under G.L. c. 239) is available. You should consult the clerk’s office of the housing court in which the summary process case was heard to determine the best procedure to follow in your case.

2.14. Can my landlord evict me without filing a case in court?

No. The landlord cannot use self-help to evict a tenant. The landlord must file a case in court and obtain a summary process judgment and execution which authorizes the landlord to have a constable or sheriff move you out.

2.15. I received a notice to quit. What do I do?

Read the notice to quit to understand the reason why the landlord is terminating your tenancy. If the reason is nonpayment of rent, you may be able to stop the eviction process by paying what is due by a specified date. The rules vary depending on whether you are a tenant-at-will or whether you have a lease. If the tenancy is at-will and you have not received a notice to quit for nonpayment of rent in the last twelve (12) months, you have the right to “cure” the nonpayment by paying to the landlord, his attorney, or the person to whom you usually pay the rent all the rent you owe within ten (10) days after receiving the notice to quit. If you have a lease, you can “cure” the nonpayment by paying to the landlord or his attorney all the rent you owe with interest and costs by the day your answer to the summary process summons and complaint is due. If you do not “cure” the notice to quit, the landlord’s constable or sheriff can serve you with a summary process summons and complaint. You may want to consult an attorney.

2.16. Do I have to leave the premises if I receive a notice to quit?

No. You may choose to leave the dwelling, but you cannot be forcibly removed without a court order. The notice to quit sent to you by the landlord is a prerequisite to beginning an eviction lawsuit. The notice to quit is not a court order. Only the court can order an eviction.

2.17. I was served with a summary process summons and complaint. What do I do?

Read the complaint to understand the reason for the eviction. The complaint will specify in which court the case was (or will be) entered, the deadline for you to file an answer, and the date and place of trial. You should fill out and file an answer with the court and serve a copy to the landlord or his attorney by the deadline indicated in the complaint. The court has answer forms. You should come to court on the trial date, even if you did not file an answer. If you do not come to court on the trial date, you may automatically lose and a default judgment may enter against you.

2.18. Why do I need to file an answer form in a summary process (eviction) case?

An answer form is the official court document that explains your side of the case. It is a response to the allegations made against you in the landlord’s complaint, and it allows you to deny in writing any part of the landlord’s case with which you disagree. You can also raise in your answer any counterclaims you may have against the landlord. There is no cost or fee to file an answer.

2.19. My landlord brought a “no-fault” eviction case against me. Even if I have no defense to the eviction action, can I still ask the court for an extension of time to stay in the dwelling?

Yes. Where a tenancy has been terminated without fault of the tenant (for example, where the landlord wants the apartment for a relative), the tenant may request a stay of execution under G.L. c. 239 §§9-13. If the judge allows the request, the aggregate period of any stay cannot exceed six (6) months unless someone in the tenant’s household is handicapped or elderly, in which case the stay of execution cannot exceed twelve (12) months. During the period of the stay of execution, the tenant must usually continue to pay the prior contract rent.

2.20. I received a notice of a default judgment in the mail. What should I do?

If you wish to contest the default judgment, you should immediately come to the housing court and file a motion to remove the default and serve a copy on your landlord or his attorney. Include an explanation of your side of the case and why you were not in court on the trial date.

2.21. I lost my case in court and the landlord has obtained an execution. Will I receive any further notice before the landlord uses the execution to have me moved out?

Yes. You will receive forty-eight (48) hours written notice of the date and time the constable or sheriff will move you as well as the name and address of the storage facility where your belongings will be stored.

2.22. If I am moved out pursuant to an execution, what happens to my belongings?

The constable will store the property in a licensed storage facility. That facility must keep the belongings for at least six (6) months. Whatever licensed storage facility accepts your property will have an automatic lien on it for reasonable storage fees and expenses of removing it to the place of storage. The landlord will pay in advance the moving expenses and three (3) months storage fees. The landlord (and the storage facility) can then charge the tenant for the moving and storage costs. If you, as the owner of such personal property, are present when the officer removes it, you may claim it to prevent the belongings from being removed to the storage facility.

2.23. I was the defendant in a court case and there was a judgment against me for money. I paid the judgment, but it still shows up as a debt on my housing and credit histories. Is there anything I can do to prove to a future landlord or creditor that I no longer owe the judgment?

Yes. You can ask the other side to sign and file with the court a satisfaction of judgment form. If he will not do this, you can file a motion with the court to ask the judge or clerk to find that the judgment has been paid.

2.24. What are the deadlines for filing forms in a summary process case?

The summary process summons and complaint can be filed with the court any time after the tenant is served, but must be filed no later than the Monday “entry date” stated in the complaint.

Answers, counterclaims, discovery requests, and pretrial motions can be served and filed anytime on or before the first Monday after the Monday “entry date” stated in the complaint. You can contact the clerk’s office for information regarding service, entry, and answer deadlines as well as the trial date and courtroom session.

Questions about Rights and Responsibilities of Landlords and Tenants:

3.01. Can I stop my tenant from causing damage to the apartment or creating other nuisances, before I file a summary process case or while an eviction case is pending?

Yes. The landlord can seek equitable relief from the housing court to enjoin a nuisance, either in an independent civil action or on a motion as part of a summary process case.

3.02. Can I charge the tenant for water?

It is generally the landlord’s responsibility to provide (and pay for) water for the dwelling.

But G.L. c. 186 §22 authorizes water submetering in residential tenancies (except in public housing developments). The law allows a landlord to enter into a written agreement with a residential tenant whereby the landlord charges for water usage, if the landlord installs submetering equipment and also water conservation devices for all faucets, showerheads, and toilets in the unit. The requirements of the law must be strictly observed.

G.L. c.186 §22(l) prohibits a landlord from shutting off or refusing water service to occupants on the basis of nonpayment of water usage charges.

3.03. The hallway lights are cross-wired to my apartment’s meter, so that I am paying for the electricity in my own apartment as well as the lighting in the common areas of the building. Is this allowed? Who’s responsible for the payment of utilities in general?

Your landlord may require that you pay for common area lighting, but 105 C.M.R. 410.254 requires that your landlord may do so only if (1) the building contains fewer than four units; (2) there is a written agreement stating that you are responsible for payment of your unit’s electric service, to which the common area lighting is wired; and (3) the landlord informs the occupants of the other units that you are paying for the lights in the common area.

Under the State Sanitary Code, 105 C.M.R. §410.180 (water), §410.190 (hot water), §410.201 (heating fuel)), and §410.354(A)-(C) (electricity and gas), the owner (or landlord) of rental housing is required to provide (and pay for) these essential utilities, unless there are separate meters for each unit and a written rental agreement that provides for payment by the occupant.

The Department of Public Utilities has established procedures, 220 C.M.R. §29.00, which allow electric and gas companies to credit tenants and bill owners of residential rental property for past utility service improperly billed to tenant customers.

3.04. If my apartment has material defects, can I legally withhold my rent to induce my landlord to correct the violations?

G.L. c. 239 §8A authorizes rent withholding for material code violations that are not caused by you or anyone under your control and that the landlord knows about before you start to withhold your rent. The requirements of the law must be strictly observed.

3.05. Can I take other actions to force my landlord to correct material defects?

Yes, you should first tell the landlord about the violations in writing. If this does not work, you can contact your local board of health or inspectional services department and ask them to inspect the property. The inspector can cite the property, and if the landlord does not comply with the order of the inspector, you or the board of health or the inspectional services department can bring your landlord to court.

3.06. Can my landlord enter my apartment when I am not at home?

Unless it is an emergency, a landlord cannot enter an apartment without the tenant’s permission or a court order.

The State Sanitary Code, 105 C.M.R. §410.810, requires that all occupants of residential housing give reasonable access to the landlord, his agents, and employees to make repairs so that the premises are in compliance with the State Sanitary Code. Under G.L. c. 186 §15B(1)(a), a lease for residential property can also provide that the landlord may enter to inspect the premises and/or show the property to a prospective tenant, purchaser, mortgagee, or their agents before the termination date of the lease. The landlord also has the right to inspect the apartment within the last thirty (30) days of the tenancy or after either party has given notice of intention to terminate the tenancy.

Where the landlord has the right to enter, reasonable notice (if possible, by appointment) must be given to the tenant that an entry will be made at a specific and reasonable time. If the landlord gives reasonable notice and has the right to enter, but the tenant unreasonably refuses entry, the landlord can seek an “access order” from the housing court.

3.07. My landlord turned off the heat during the winter, or the water, hot water, gas, or electric. Is there anything I can do to get it restored as quickly as possible?

You may come to court and file an application for a temporary restraining order to require that the landlord provide heat, water, hot water, gas, electric, or other utilities as required by law. The court will normally act on such a request the same day it is filed.

3.08. My landlord threatened to change the locks to my apartment if I do not pay my rent arrearage. Can he do this?

No. As a tenant, you are entitled to a notice to quit and a summary process summons and complaint for a hearing in court before the landlord can have you removed from the property. The landlord cannot use self-help to evict a tenant.

3.09. Can my landlord raise my rent even if I do not agree with the increase?

A tenancy is a legal contract between the landlord and tenant, and it cannot be changed by one party alone. The landlord and tenant can agree to a rent increase by making a new legal contract, and payment of increased rent evidences a new contract. But as long as the tenant is paying the old contract rent, the landlord is not entitled to terminate the tenancy for nonpayment of rent, and the landlord is not entitled to increased rent. If the tenant does not agree to the rent increase, the landlord may terminate a tenancy-at-will by a general “thirty days” written notice to quit, which may include an offer to establish a new tenancy at a higher rent. If the tenant does not agree to the rent increase, the landlord may then file a summary process (eviction) case.

3.10. Am I entitled to interest on my last month’s rent or security deposit? When and how much?

Yes. On the anniversary date of payment of the last month’s rent or security deposit, at the rate of five percent (5%) per year or the actual rate of the bank’s escrow account.

3.11. I agreed to a payment schedule in court, but I cannot afford to make the payments. What do I do now?

First, you should attempt to revise the payment schedule with the other party directly. If you are able to do so, you should reduce your new agreement to writing, sign it yourself and have the other party sign it, and file the signed document with the court. If the other side will not agree, you may file a motion to ask the judge to modify the payment schedule after a hearing. You should be aware, however, that a judge’s discretion to modify the agreement can be very limited.

3.12. I am supposed to be in court for a hearing, but I cannot make it. What should I do?

At the earliest possible time, you should ask the other party to agree to “continue” (postpone) the case to a later date, and file your agreement with the court. If the other side will not agree, you should file a motion for a postponement and have it heard before the hearing date. Otherwise, you may be defaulted and, in the case of a contempt hearing, a capias for your arrest may issue.

Questions about Criminal Proceedings:

4.01. I received a notice in the mail of a probable cause hearing from the court. What does that mean, and who can I talk to about these violations?

It means that a city or town inspector believes that your property is in violation of the housing codes. You should immediately contact the inspector about any questions you may have.

4.02. Can court personnel discuss the code violations with me before the probable cause hearing?

No. Court personnel have no personal knowledge of your property or the alleged violations in your case. Only the city or town, through its inspector, is familiar with the violations as a result of their inspections.

4.03. I am not able to come to court on the day of my probable cause hearing. What should I do?

At the earliest possible time, you should ask the city or town to agree to “continue” (postpone) the case to a new date, and file your agreement with the court. If they will not agree, you should file a written request for a postponement and have it heard by the clerk magistrate before the original probable cause hearing date. Otherwise, you will be defaulted and criminal process may issue.

4.04. I did not attend court on my hearing date after criminal process issued against me, and the court issued a warrant for my arrest. What should I do?

Immediately, you should go to the clerk’s office and ask that your default be removed and the warrant cancelled and recalled. If you do not do so, you can be arrested (and held in custody) on the warrant. There is a $50 fee to recall the warrant (plus an additional $75 if you are arrested by the police). You should be prepared to pay this fee when you come to the clerk’s office.

4.05. The court found me guilty of the violations, and I have been ordered to pay a fine. Where do I pay the fine?

At the clerk’s office where your case is pending.

Questions about Small Claims:

5.01. What is the filing fee for a small claims case?

If the claim is for more than $5,000, the fee is $150 ($140 entry fee plus $10 surcharge).
If the claim is for more than $2,000, the fee is $100 ($90 entry fee plus $10 surcharge).
If the claim is for more than $500, the fee is $50 ($40 entry fee plus $10 surcharge).
If the claim is for $500 or less, the fee is $40 ($30 entry fee plus $10 surcharge).
Note that there is a $7,000 ceiling (exclusive of punitive damages) on the amount that can be recovered in a small claims case.

Schedule of Housing Court filing fees:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/courtfees.html

If you are indigent and unable to pay the filing fee, the court may be able to waive the fee. The court staff can explain the eligibility requirements and the procedure for requesting a waiver.

Indigency forms:

http://mass.gov/courts/sjc/docs/povertyguidelines.pdf
http://mass.gov/courts/formsandguidelines/aff_indigency.pdf
http://mass.gov/courts/formsandguidelines/supp_aff_indigency.pdf

5.02. Who may appeal a decision in a small claims case?

A party who files a claim or a counterclaim under the small claims procedure may not appeal from an adverse (unfavorable) decision on that claim or counterclaim.

Thus, only the defendant who loses in a judgment on the plaintiff’s claim or the plaintiff who loses in a judgment on the defendant’s counterclaim may appeal.

5.03. What is the deadline for a small claims appeal?

A small claims notice of appeal must be filed with the court and served on the opposing party no later than ten (10) days after the date the judgment was received in the mail.

5.04. What are the costs for a small claims appeal?

There is an entry fee of $25 for a small claims appeal. There is also an appeal bond of $100 or the triple damage amount of the judgment in security deposit cases.

If the appealing party loses the appeal, the bond will be given to the prevailing party as partial payment of the judgment. If the appealing party wins, the bond will be refunded and the losing party will be liable for the $25 appeal entry fee.

Schedule of Housing Court filing fees:

http://mass.gov/courts/courtsandjudges/courts/housingcourt/courtfees.html

If you are indigent and unable to pay the appeal costs, the court may be able to waive the fees. The court staff can explain the eligibility requirements and the procedure for requesting a waiver.

Indigency forms:

http://mass.gov/courts/sjc/docs/povertyguidelines.pdf
http://mass.gov/courts/formsandguidelines/aff_indigency.pdf
http://mass.gov/courts/formsandguidelines/supp_aff_indigency.pdf

5.05. Where can I find more detailed information about small claims?

Further detailed information about small claims, including the law, rules, standards, forms, and frequently asked questions (FAQs) can be found by following the link to the District Court’s small claims web page below. When consulting the District Court’s FAQs about small claims, keep in mind that some aspects of small claims, such as choosing an appropriate court in which to commence your case, differ between the District Court and the Housing Court. If you are uncertain how to proceed, contact the clerk’s office of the appropriate court.

http://mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html

Administrative Office of the Trial Court Web Site Disclaimer
Comments, Questions or Suggestions? Email the Webmaster

Last Updated on January 11, 2013 12:52 PM