Bill > H1663

This bill proposes to amend existing law regarding eviction actions in Massachusetts, specifically for residential properties where the landlord owns five or fewer housing units. If a tenant is facing eviction and claims in their defense that the property's conditions justify not paying rent or not being evicted, they must now file a "verified answer or counterclaim," which is a formal legal document detailing their defense. Crucially, at the time of filing this defense, the tenant must either deposit the full amount of rent claimed by the landlord with the court, or prove that this rent money has been placed in a separate bank account (an "escrow account") in both the tenant's and landlord's names, or provide a bond for that amount. However, this requirement to deposit rent can be waived if the tenant files an affidavit, a sworn statement, with their defense that includes specific details about their efforts to address the property's conditions, such as notifying the landlord, complaining to the local health department, and providing copies of any related correspondence. If this affidavit lacks sufficient detail, the court clerk will reject it, and the tenant will then be required to deposit the rent. Failure to provide either the affidavit or the rent deposit when filing the defense will result in the dismissal of any part of the tenant's defense that relates to the property's conditions.