The Appeals Court upheld a no-fault eviction where the landlord declined to renew a lease because the tenant owed back rent, then ended the tenancy at will with proper notice. The tenant’s retaliation and consumer protection counterclaims failed because he offered no evidence to back them up. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
The tenant had lived in the apartment since 2021. His last lease ran from June 2023 to June 2024, and when it ended he owed the landlord a substantial rent balance. The landlord chose not to offer a new lease because of the balance. The tenant stayed, which made him a tenant at will. In December 2024 the landlord served a notice to quit ending the tenancy at the end of January 2025, and in February filed a no-fault eviction in the Housing Court. The landlord did not seek the unpaid rent in the case. The tenant counterclaimed for retaliation, interference with his use of the apartment, and unfair practices under G.L. c. 93A.
What the court decided
In GREP Atlantic LLC v. Paul, No. 25-P-1245 (Mass. App. Ct. July 6, 2026) (Rule 23.0 decision), the Appeals Court affirmed the judgment for the landlord on possession and on the counterclaims.
First, the tenant argued the judge got his job and financial situation wrong. The court said those facts did not matter. This was a no-fault eviction of a tenant at will. Without a written lease, a landlord may end the tenancy for no reason at all, as long as proper notice is given. G.L. c. 186, § 12; Davis v. Comerford, 483 Mass. 164, 166 n.4 (2019). For most monthly tenancies, that statute requires written notice equal to the rental period or thirty days, whichever is longer.
Second, the tenant claimed that the landlord’s refusal to renew the lease, refusal to adjust the balance he believed was wrong, and refusal to accept rental assistance were retaliation under G.L. c. 186, § 18 and violations of G.L. c. 93A. The trial judge found he offered only bare assertions and credited the property manager’s testimony instead. The Appeals Court found no clear error.
Third, the court addressed rental assistance. Under G.L. c. 151B, § 4(10), a landlord may not discriminate against a person because that person receives rental assistance or because of a requirement of the assistance program. See DiLiddo v. Oxford St. Realty, Inc., 450 Mass. 66 (2007). But the Appeals Court said that law does not require a landlord to renew a lease or accept assistance when a balance is owed.
What this means for you
This is a hard result for tenants, and it shows a real trap. When your lease ends and you stay without signing a new one, you usually become a tenant at will. A tenant at will has fewer protections. The landlord does not need a reason to end the tenancy. A proper written notice to quit, followed by a court case, can be enough.
Owing rent makes this worse. Here the landlord never sued for the money. It simply chose not to renew and used a no-fault notice. Because the case was about possession, the tenant’s reasons for falling behind did not help him.
Your defenses still matter, but you have to prove them. Retaliation and c. 93A claims can be powerful. The retaliation statute even creates a presumption in your favor when the landlord acts within six months after you report code violations or join a tenant group. But a judge will not rule for you on your word alone. You need dates, letters, emails, photos, inspection reports, and witnesses.
Rental assistance is protected. A landlord cannot turn you away just because you have a voucher or assistance. But in this decision the Appeals Court read that protection as not forcing a landlord to renew a lease when a balance is owed. If you are behind, apply for help early, before your lease runs out.
What to do now
- Check your lease end date. Ask in writing about renewal well before it expires.
- If you are behind, apply for rental assistance now and keep proof of every application and payment.
- If you dispute the balance, write to the landlord and ask for a full ledger. Keep your receipts.
- If you believe the landlord is retaliating, write down the timeline and save every document that shows it.
- If you get a notice to quit, do not move out or ignore it. Get legal advice right away.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
