Legal Question in Landlord & Tenant Law in Massachusetts

i am a tenant at will in mass. If i call the board of health with an issue is there anything to prevent my landlord from giving me 30 day notice to move out

Asked on 8/29/13, 12:56 pm

2 Answers from Attorneys

It would be deemed a retalitory eviciton absent any substantive justification for the eviction such as failing to pay rent. You would object to the notiice in writing and could file a complaint in housing court

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Answered on 8/29/13, 1:01 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

The real answer is no, there is nothing preventing your landlord from terminating your tenancy and moving to evict you. If you have made a complaint about your rights as a tenant, including a complaint to the Board of Health, in the six months preceding the commencement of an eviction, then the eviction will be presumed to be retaliatory. This presumption is rebuttable, however, by clear and convincing evidence that the landlord had a lawful and non-retaliatory reason for evicting.

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Answered on 8/30/13, 8:35 am

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