Meikle v. Nurse (2016)

Citation: Meikle v. Nurse (2016)
Parent Document: Meikle v. Nurse (2016)
Jurisdiction: Massachusetts (state)
Effective Date: 2016-04-27
Original Source: https://www.courtlistener.com/opinion/3198508/meikle-v-nurse/ ↗

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       Pursuant to G. L. c. 239, § 8A, "tenant[s] or occupant[s]"
may defend against a landlord's claim of possession. This
includes lessees, tenants at will, and tenants at sufferance who
meet the statutory requirements to attain standing. See Rubin
v. Prescott, 362 Mass. 281, 290-291 (1972) (declining to rule
whether tenants at sufferance are barred from raising sanitation
code violations as defense to summary process but nonetheless
reaching § 8A claims of tenants at sufferance); Hodge v. Klug,
33 Mass. App. Ct. 746, 754 (1992) ("the statute would be
defanged if a tenant at sufferance could not employ its
machinery"). Thus, Patricia Nurse may enlist § 8A in defense of
her tenancy.
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       General Laws c. 186, § 15B (2) (b), requires that "[a]ny
lessor or his agent who receives a security deposit from a
tenant or prospective tenant shall give said tenant or
prospective tenant at the time of receiving such security
deposit a receipt indicating the amount of such security
deposit, the name of the person receiving it and, in the case of
an agent, the name of the lessor for whom such security deposit
is received, the date on which it is received, and a description
of the premises leases or rented. Said receipt shall be signed
by the person receiving the security deposit." (Emphasis added.)
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