The landlord can be defaulted and still owe damages and fees. In an October 2026 decision, the Appeals Court affirmed a judgment for tenants over a gas leak and other code violations, rejected the defaulted landlords’ claim that judges should have given them extra help because they had no lawyer, and found the appeal frivolous. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
Three tenants sued their landlords, a limited liability company and an individual, in the Housing Court. The apartment had several State sanitary code violations, including a gas leak, and the landlords did not give the tenants reasonable alternative housing when they could not live there. The landlords’ lawyer withdrew, and a judge warned that the company would likely be defaulted if it did not hire new counsel. When the individual landlord made clear the company would not hire a lawyer, the company was defaulted. The individual landlord was later defaulted for repeatedly failing to give discovery, and a default judgment on liability entered after she missed a hearing she had notice of by email.
After a damages hearing where the individual landlord testified at length, the judge found for the tenants on breach of the implied warranty of habitability and failure to cure the code violation under G.L. c. 93A, quiet enjoyment, and retaliation. On the tenants’ motion for reconsideration, the judge raised the award to $34,550 in damages plus $19,731.14 in attorney’s fees.
What the court decided
In Ketchakeu v. 7Q59 Amherst, LLC, No. 25-P-1085 (Mass. App. Ct. October 7, 2026) (Rule 23.0 decision), the Appeals Court affirmed the amended judgment and the order on the reconsideration motions and fee petition.
A company needs a lawyer. The company was never a self-represented party. A person who is not a licensed attorney may not represent someone else in court. Burnham v. Justices of the Superior Court, 439 Mass. 1018 (2003). The landlords did not provide the transcript of the hearing where the judge warned about default, and the party appealing must make sure the record is adequate. Commonwealth v. Woody, 429 Mass. 95, 97 (1999). In any event, a warning that a default would likely enter was enough notice.
No duty to coach. The landlords argued that judges had to explain what a default means, tell them the company needed a lawyer, and offer them accommodations as self-represented parties. The court found no law requiring any of that. A judge may have discretion to help self-represented litigants, but is not required to do so or to announce that discretion. Self-represented parties are held to the same standards as parties with lawyers. Jordan v. Register of Probate for Hampden County, 426 Mass. 1020 (1998).
Reconsideration. The individual landlord’s motions said the result was not fair and caused her stress, but they identified no new evidence, change in law, or specific error. Denial was proper. Audubon Hill S. Condominium Ass’n v. Community Ass’n Underwriters of Am., Inc., 82 Mass. App. Ct. 461, 470 (2012).
Fees and sanctions. Because the tenants won under G.L. c. 186, §§ 14 and 18, and G.L. c. 93A, § 9, they are entitled to attorney’s fees for the appeal too. Yorke Mgt. v. Castro, 406 Mass. 17, 19 (1989). The court also found the appeal frivolous and awarded the tenants double costs with statutory interest under G.L. c. 211A, § 15.
What this means for you
If your landlord ignores your case, misses court dates, or refuses to hand over documents, the court can enter a default and move on to damages. In this case, the landlords could not undo the defaults on appeal by arguing that the judges should have explained the process to them.
The laws behind this case carry real weight. A landlord who interferes with quiet enjoyment owes actual damages or three months’ rent, whichever is greater, plus fees, under G.L. c. 186, § 14. Retaliation for reporting code violations carries damages of one to three months’ rent, or actual damages if greater, plus fees, under G.L. c. 186, § 18. And a landlord who files a frivolous appeal can end up paying the tenant’s appellate fees and double costs.
The same rules apply to you. If you represent yourself, the court expects you to follow orders, show up, and answer discovery. Keep your address current with the court and check your email.
What to do now
- Report unsafe conditions like gas leaks right away to the gas company, the fire department and your local Board of Health, and get an inspection.
- Put repair requests to your landlord in writing and keep copies.
- If you cannot live in the unit, keep receipts for hotels, meals and moving costs.
- Keep track of every court date and order. If the landlord does not comply, ask the court for sanctions or a default.
- Ask about attorney’s fees. These statutes shift fees to the landlord when the tenant wins.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
Prior results do not guarantee a similar outcome.
