A number of weeks in the past, the Supreme Judicial Courtroom issued an necessary resolution regarding eviction settlement agreements. The total resolution, Darcey v. Burgess, is included beneath.
The info of the case are pretty easy. A tenant filed a lawsuit in Housing Courtroom in opposition to his landlord, claiming his residence had a bedbug infestation, and requested that the courtroom order the owner to deal with this matter. Importantly, this was not an eviction case however a civil matter introduced by the tenant.
The owner and tenant participated in a mediation and agreed that the tenant would vacate the residence in alternate for a month of free hire.
The tenant didn’t vacate the residence and challenged the validity of this eviction settlement settlement. The tenant argued that (1) a courtroom can not award possession of a rental residence outdoors of an eviction case and (2) the tenant had a psychological incapacity that permitted him to get out of this settlement settlement.
Possession in a Non-Eviction Case
The Courtroom dominated that Housing Courtroom was permitted to award possession of a rental residence outdoors of an eviction case. Right here, evictions (formally generally known as “abstract course of” circumstances in Massachusetts) are the standard technique of evicting a tenant. Nevertheless, possession points can come up in non-eviction circumstances, reminiscent of when a landlord is defending in opposition to a lawsuit {that a} tenant initiated.
Right here, the Courtroom dominated that requiring the owner to start out one other case made little sense when the events had already resolved the matter. As a result of Housing Courtroom might undisputedly decide issues of possession involving rental flats, it had a proper to implement this settlement settlement.
It’s crucial to notice that circumstances like this are exceptionally uncommon. If a landlord desires possession of a rental residence, there are nearly at all times higher off submitting an eviction case in opposition to the tenant.
Capability to Enter Into Eviction Settlement Agreements
The tenant additionally argued that the Courtroom ought to put aside the settlement settlement as a result of the tenant had an alleged psychological sickness. Whereas the Courtroom agreed that such an settlement might be undone if a celebration lacked psychological capability, right here, the tenant confirmed no medical proof of getting a qualifying incapacity.
Years in the past, I defended a home-owner who was taken to courtroom in a dispute over a contract he signed to promote the property. I acquired the case dismissed by displaying medical information that the home-owner suffered from dementia and different impairments that impacted his capability to make legally binding agreements. Proof like that is crucial for a protection {that a} get together didn’t perceive what they had been signing.
Last Ideas
This case demonstrates the complexities of landlord-tenant regulation. In the event you want help with such a authorized matter, contact me for a session.
