Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)

Citation: Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)
Parent Document: Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)
Jurisdiction: Massachusetts (state)
Effective Date: 2011-09-06
Original Source: https://www.courtlistener.com/opinion/6580334/federal-national-mortgage-assn-v-nunez/ ↗

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We disagree with the premise that an “eviction” refers only to a legal action. Under G. L. c. 186A, § 1, an “eviction” includes, “without limitation,” any “action” “intended to actually or constructively evict a tenant or otherwise compel a tenant to vacate.” While a legal action is needed to “actually” evict a tenant, it is not necessary to “constructively” evict a tenant, which can be accomplished by cutting off a unit’s heat, water, or electricity. Therefore, it is clear that the Legislature did not limit an “action” in c. 186A to a legal action. We also note that the word “action” is found elsewhere in c. 186A where, in context, it plainly refers generally to acts or conduct rather than legal actions. General Laws c. 186A, § 3, provides that “[a] foreclosing owner shall not evict a tenant for actions that constitute just cause” (emphasis added) unless the owner has provided the tenant with a written disclosure of the tenant’s right to a court hearing before eviction. General Laws c. 186A, § 4 (a), provides that “[a] foreclosing owner shall not evict a tenant for the following actions that constitute just cause until 30 days after the notice required by section 3 is posted and delivered” (emphasis added), and then identifies three such actions: failure to pay rent, material violation of an obligation of the tenancy, and refusal to execute a written renewal or extension of a lease.

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