EVICTION DEFENSE
LAW OFFICE OF GARY ALLEN
GARY ALLEN LAW
If You Are Facing An Eviction:
YOU MUST ACT QUICKLY
AN EVICTION ACTION (also called “Summary Process”) is the landlord’s first step in the process of moving a tenant out of rental property. Luckily, Massachusetts has some of the most protective laws in the country, and often tenants have defenses or may have counterclaims which can save the tenancy and make the landlord responsible for your attorney’s fees.
When a renter is served with a summons, s/he has only one to two weeks to serve an ANSWER AND COUNTERCLAIM on the other side, which will tell the court why s/he shouldn’t be evicted, and whether the landlord may owe the tenant money for any counterclaims The deadline for filing an Answer is listed in the box at the bottom of the Summons and Complaint form.
The tenant also has a right to DISCOVERY, which is another way of saying the right to see the landlord’s evidence, including a rent ledger, and having the landlord answer written questions under oath.
THE SUMMONS AND COMPLAINT is served on a tenant by constable or a Massachusetts sheriff.
This document tells the tenant when an answer is due and when to come to court.
Filing an answer and counterclaims, and requesting discovery responses is one of the most effective steps you can take to defend an action to evict you. Be sure to browse the Forms section at the bottom of this page.