Additional Information:

I missed my court date regarding the eviction, and the judge found in favor of my landlord.  Is there anything I can do? The eviction was for non-payment of rent.  I stopped paying rent because the landlord would not complete repairs on my apt. I am a tenant at will and pay rent weekly.

ATTORNEY ANSWER:

You should file a Motion to Remove Default and request that you be allowed to file an answer and counterclaims late. You should also file an Affidavit with your motion outlining the reasons you did not appear at the hearing date. You will need to show “excusable neglect” for your not appearing on the scheduled hearing date. In other words, you will need a really good excuse such as a medical emergency.  You may even consider offering to escrow some rent to show that the Landlord will not be prejudiced by your failure to appear at the court date.  In addition, any evidence that you can attach to the Affidavit to show the Judge that you had a valid reason for withholding rent such as code violations from the Board of Health or Inspectional Services Department would be helpful as it shows the Judge that you may have a potentially valid defense.  Finally, you should move quickly to file your motion to remove default with the Court because the more time that passes, the less likely a Judge will allow your motion to remove default.

The Ashland, MA Landlord / Tenant Attorneys at Goldman & Pease provide legal services to individuals and businesses for all real estate transactions in the Boston metro region including Alston, Arlington, Belmont, Brighton, Brookline, Cambridge, Canton, Dedham, Dover, Milton, Natick, Needham, Newton, Norwood, Waltham, Watertown, Wayland, Wellesley, Weston, West Roxbury, Westwood, and all of Massachusetts.