Yes, in subsidized housing it can happen. The Appeals Court upheld an eviction of a tenant in a subsidized apartment because her son, who did not live with her but visited almost daily, attacked a maintenance supervisor who lived on the property. The court also held that the notice to quit was detailed enough. This is an unpublished Appeals Court decision under Rule 23.0. Courts may cite it as persuasive, but it is not binding precedent.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 tenant rented an apartment under a model lease for subsidized programs. Her son did not live there, but he came to the apartment almost every day. While on the property, he struck the landlord’s maintenance supervisor, who lived in the next apartment, twice. The supervisor later obtained a harassment prevention order. Four days after the incident, the landlord served a notice to quit ending the tenancy more than thirty days later. The notice described the attack, referred to the son as the tenant’s guest, and recited the lease section allowing termination for criminal activity by a guest. After a bench trial, the Housing Court awarded possession to the landlord and denied the tenant’s motion to alter or amend the judgment.
What the court decided
In CMJ Management v. Rodensky, No. 25-P-107 (Mass. App. Ct. January 13, 2026) (Rule 23.0 decision), the Appeals Court affirmed.
The notice to quit was adequate. A notice to quit is defective only if it has a material error or omission, meaning a defect with some real practical effect. Cambridge St. Realty, LLC v. Stewart, 481 Mass. 121, 130 (2018). When a lease requires the notice to state its grounds in detail, the notice must meet that requirement too. Id. at 131. This lease required the landlord to state the grounds with enough detail for the tenant to prepare a defense. The court held this notice did that. It gave more than thirty days, described the attack, identified the son and his relationship to the tenant, and recited the lease provision. The court compared it to the notice upheld in Cambridge Street Realty, which described specific conduct and accurately cited the lease.
The lease allowed termination. The lease permitted termination for criminal activity by a tenant, a household member, a guest, or another person under the tenant’s control that threatens the health, safety or peaceful enjoyment of other residents, including management staff living on the premises. The court noted that the lease’s termination terms derive from the federal public housing statute, 42 U.S.C. § 1437d(l). Under that statute, a person under the tenant’s control means someone the tenant has let onto the premises. Department of Hous. & Urban Dev. v. Rucker, 535 U.S. 125, 131 (2002).
The tenant argued her son was not a guest, so his conduct could not be a ground for eviction. The court was not convinced. Either way, the judge’s decision rested on the relationship between mother and son, his conduct, and the lease terms. Because the trial judge’s factual findings were not clearly erroneous, the judgment stood. The court did not need to reach the property’s community rules.
What this means for you
This is a landlord win, and the lesson is a hard one. If you live in subsidized housing, your lease may allow termination for criminal activity by guests or others you let onto the property. That can include a family member who visits but does not live with you. In Rucker, a case about drug activity, the United States Supreme Court held that the federal statute lets a public housing authority evict even a tenant who did not know about the conduct. Eviction is not automatic, though. The housing authority decides whether to pursue it.
Arguing about a label, such as whether someone was a “guest,” may not save you. In this case, what mattered was the relationship, the conduct, and the lease language.
Not every notice is this strong. Many subsidized leases require the notice to state the grounds in detail. A vague notice that does not describe the conduct or cite the right lease section can be a real defense. Read yours carefully.
What to do now
- Read the termination section of your lease. Find the language about guests and persons under your control.
- Compare the notice to quit with the lease. Check that it states the conduct, the people involved, and the lease section it relies on.
- Gather your own evidence about what happened and about your relationship with the person involved.
- If the landlord has discretion, ask in writing whether it will consider steps you have taken to prevent a repeat.
- Do not ignore court papers. File an answer and appear on your court date.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
