Meikle v. NurseAnnotate this Case
Landlord brought a summary process action against Tenant for possession of the premises. Tenant counterclaimed, alleging violations of the security deposit statute and other causes of action. The Housing Court found in favor of Landlord on all but the security deposit claim, ruling that Tenant could properly assert a violation of the security deposit statute as a counterclaim for damages but that a counterclaim on this basis was not a defense to Landlord’s claim for possession. The Supreme Judicial Court reversed the Housing Court judgment granting possession to Landlord, holding that a counterclaim or defense on the basis of a violation of the security deposit statute may be asserted as a defense to a landlord’s possession in a summary process action under Mass. Gen. Laws ch. 239, 1A.