This week, Attorney Murphy appeared in Chelsea District Court to defend his client, a tenant, at an eviction trial. The tenant’s landlord filed an eviction action based on a violation of lease terms and sought $17,000.00 in damages. Attorney Murphy aggressively defended his client’s rights by filing counterclaims against the landlord, consisting of a violation of the Massachusetts Security Deposit law, retaliation, invalid notice to quit, improper service, breach of the covenant of quiet enjoyment and breach of warranty of habitability. The landlord attempted to settle but Attorney Murphy’s client would not agree to the proposed terms. Thereafter, Attorney Murphy argued at sidebar that the case against his clients should be dismissed. The judge agreed and dismissed the case. See Polinovskiy v. Baror, Docket No: 1314SU0294.
Attorney Murphy is pleased that his client was vindicated with the court’s decision, and notes that landlords must understand housing law before attempting to evict their tenants.