You can, but the appellate rules apply to you just as they apply to lawyers. In this case the Appeals Court affirmed a jury verdict for a landlord after a tenant, representing himself, raised many arguments without the record citations and legal support the rules require. The court addressed only the arguments it could follow, and rejected each one. This is an unpublished Appeals Court decision under Rule 23.0. Courts may cite it as persuasive, but it is not binding precedent.
What happened
The landlord filed a summary process case to evict the tenant. The tenant raised defenses and counterclaims for unlawful entry and removal of his belongings, under G.L. c. 186, § 15B, and for breach of quiet enjoyment, under G.L. c. 186, § 14. Because the tenant did not make use and occupancy payments in the correct manner, the trial judge struck his jury demand as a sanction. A single justice of the Appeals Court reinstated the jury trial. The same judge then presided over a two-day jury trial, and the jury found for the landlord.
What the court decided
In PR Realty LLC v. Schajnovitz, No. 24-P-1209 (Mass. App. Ct. January 23, 2026) (Rule 23.0 decision), the Appeals Court affirmed.
The rules bind self-represented parties. An appellate brief must state each argument, the reasons for it, the authorities and the parts of the record relied on, and the standard of review. Most of the tenant’s arguments did not meet that standard, so the court did not have to consider them. Courts give some leniency to people without lawyers, but the rules still bind them like everyone else. Brown v. Chicopee Fire Fighters Ass’n, Local 1710, IAFF, 408 Mass. 1003, 1004 n.4 (1990). The court used its discretion to address the arguments it could understand.
The unlawful entry claim was not lost. The tenant argued the judge wrongly merged his § 15B claim into his quiet enjoyment claim. The court explained that § 15B(1)(a) limits what a residential lease may say about landlord entry. A lease may allow entry before the lease ends only to inspect, make repairs, or show the unit to a prospective tenant, buyer or lender. The statute separately allows entry under a court order, if the unit appears abandoned, or for a final damage inspection. As the judge explained, § 15B governs lease terms. It does not specifically prohibit a landlord’s entry or removal of belongings. By treating that conduct as part of the quiet enjoyment claim under § 14, the judge preserved the tenant’s ability to argue it to the jury. There was no error.
Other arguments. The landlord’s motion for judgment on the pleadings was denied, so its timing did not hurt the tenant. Opposing counsel’s opening remarks were not especially respectful but did not prejudice the trial, and thanking the jury in closing is ordinary courtesy.
No recusal needed. A judge’s refusal to step aside is reviewed for abuse of discretion. Haddad v. Gonzalez, 410 Mass. 855, 862 (1991). The judge first asks whether he or she is actually free of bias, then asks whether impartiality might reasonably be questioned. Demoulas v. Demoulas Super Markets, Inc., 428 Mass. 543, 546 n.6 (1998). It is not unusual for a judge to keep presiding after ruling against a party, even when that ruling is later vacated. See Demoulas v. Demoulas Super Markets, Inc., 424 Mass. 501, 524-525 (1997).
What this means for you
This is a landlord win, and the main lesson is about process. If you appeal without a lawyer, the Appeals Court will not dig through the record to build your case. Every argument needs a citation to the record page that supports it and to the law that applies. Arguments without that support may simply be skipped.
The decision also clears up a common misunderstanding. Section 15B(1)(a) controls what your lease can say about entry. In this case, the landlord’s alleged entry and removal of belongings went to the jury as part of the quiet enjoyment claim under § 14. That statute allows actual and consequential damages or three months’ rent, whichever is greater, plus attorney’s fees.
Finally, losing a ruling does not mean the judge is biased. Recusal motions rarely succeed on that ground alone.
What to do now
- Pay use and occupancy exactly as the court orders, in the manner it orders. Mistakes can cost you rights such as a jury trial.
- If your landlord entered or removed your belongings, raise it as a counterclaim with dates and details, including quiet enjoyment under G.L. c. 186, § 14.
- Object on the record at trial when something goes wrong, and order the transcript if you appeal.
- In an appellate brief, cite the record page and the legal authority for every point.
- Get advice before you file an appeal. The deadlines and format rules are strict.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
