The SJC’s recent ruling that a landlord could enforce a notice to quit, obtained through mediation, rather than a summary process action, thus enforcing the removal of a tenant from a property, has housing advocates upset. Tenants feel they are entitled to “their day in court” and argue that the mediation process does not offer fair or opportunity for advocacy and representation,
In one such case, the landlord had raised the rent on a two bedroom apartment in Haverhill by $65.00 per month. When the tenant refused to pay the rent increase, the landlord served him with a notice to quit. The tenant then filed a complaint alleging that the apartment was infested with bedbugs. A health code violation which the landlord had refused to address.
The parties reached an agreement, through mediation, whereby the tenant agreed to vacate the premises by a certain date in exchange for limited help with his rent. The tenant then refused to vacate saying that the Housing Court lacked jurisdiction to enforce the agreement and the case should have gone to a summary action pursuant to G.L.c. 239. The tenant then remained in the apartment until the Covid 19 emergency eviction moratorium expired in October of 2020.
At this point a Housing Court Judge granted the landlord’s request to regain possession of the premises pursuant to the previous agreement reached by the parties through mediation.
The SJC then took the case on direct appellate review.
Housing advocates are concerned that this decision by the SJC will prove unfair to tenants. The large majority of tenants are not represented by counsel in Housing Court, whereas 90% of landlords are represented by attorneys. In the case of mediation, the mediator is an unbiased party, not there to offer advice to either party and, as such, is not a substitute for an attorney.
There is also an opinion that the Housing Court judges need to do more to protect the tenant. There should be something in the record showing that the judge ensured the fairness of the agreement; evidence that the judge advised the self-represented tenant of the rights he may be waiving by entering into the mediated agreement.
Overall, it is best to be represented by an attorney in the case of an eviction proceeding. If you find yourself in this position, call John Tramontozzi at Tramontozzi Law Office (781)665-0099 for a free consultation. John is experienced in landlord/tenant law and will be happy to review your case and advise you as to the best way to move forward