A number of weeks in the past, the Supreme Judicial Court docket issued an essential resolution regarding eviction settlement agreements. The total resolution, Darcey v. Burgess, is included under.
The information of the case are pretty easy. A tenant filed a lawsuit in Housing Court docket in opposition to his landlord, claiming his residence had a bedbug infestation, and requested that the court docket order the owner to handle 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 trade for a month of free lease.
The tenant didn’t vacate the residence and challenged the validity of this eviction settlement settlement. The tenant argued that (1) a court docket 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 Court docket dominated that Housing Court docket was permitted to award possession of a rental residence outdoors of an eviction case. Right here, evictions (formally often called “abstract course of” instances in Massachusetts) are the standard technique of evicting a tenant. Nevertheless, possession points can come up in non-eviction instances, resembling when a landlord is defending in opposition to a lawsuit {that a} tenant initiated.
Right here, the Court docket dominated that requiring the owner to begin one other case made little sense when the events had already resolved the matter. As a result of Housing Court docket might undisputedly decide issues of possession involving rental residences, it had a proper to implement this settlement settlement.
It’s vital to notice that circumstances like this are exceptionally uncommon. If a landlord needs possession of a rental residence, there are nearly all the time higher off submitting an eviction case in opposition to the tenant.
Capability to Enter Into Eviction Settlement Agreements
The tenant additionally argued that the Court docket ought to put aside the settlement settlement as a result of the tenant had an alleged psychological sickness. Whereas the Court docket agreed that such an settlement may very well 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 court docket in a dispute over a contract he signed to promote the property. I obtained the case dismissed by displaying medical data that the home-owner suffered from dementia and different impairments that impacted his capacity to make legally binding agreements. Proof like that is vital for a protection {that a} get together didn’t perceive what they have been signing.
Ultimate Ideas
This case demonstrates the complexities of landlord-tenant legislation. In case you want help with such a authorized matter, contact me for a session.