Not without a right to it. When a new owner tried to collect back rent that the prior landlord had already forgiven, the Appeals Court upheld a jury finding that this interfered with the tenant’s quiet enjoyment, and a judge’s finding that it was a knowing and willful unfair practice under G.L. c. 93A. The court also upheld damages for bad conditions and an award of attorney’s fees to the tenant. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
In the spring of 2020, the landlord bought an apartment complex in Holyoke where the tenant lived. He later filed an eviction case for nonpayment of rent in the Western Division of the Housing Court. The tenant testified that he sought about $23,000 in back rent, part of which was rent the prior landlord had released her from paying. The tenant raised a defense based on bad conditions, disputed the old rent, and filed counterclaims for breach of quiet enjoyment, breach of the warranty of habitability and violation of c. 93A. The parties reached an interim agreement, the landlord dismissed the eviction, and the counterclaims went to trial. The jury awarded the tenant $1,000 for breach of the warranty of habitability and $2,500 for breach of quiet enjoyment, and found she owed the landlord $7,615 in rent. The judge then found the landlord liable under c. 93A and awarded the tenant attorney’s fees and costs.
What the court decided
In Henderson v. Bosco, No. 24-P-1300 (Mass. App. Ct. May 19, 2026) (Rule 23.0 decision), the Appeals Court affirmed the judgment.
The landlord argued that an eviction for nonpayment cannot be the basis of a quiet enjoyment claim under G.L. c. 186, § 14. The court rejected that argument, relying on Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453, 457 to 458 (2007), where a landlord violated the statute by bringing eviction proceedings over rent it had calculated unlawfully. Here the tenant challenged the landlord’s conduct in pressing her to believe she owed more than she did and claiming a default she could not cure, and the evidence showed he sought rent the prior landlord had relieved her from paying. Under Homesavers, negligence is enough for a quiet enjoyment violation. The landlord’s objection to the verdict slip was not preserved, and in any event the judge’s instructions properly told the jury the landlord had to be at least negligent.
The court also held the judge did not abuse his discretion in treating the jury’s rent figure as an abatement for the conditions of disrepair, citing Boston Housing Authority v. Hemingway, 363 Mass. 184, 203 (1973). On c. 93A, the judge found the attempt to collect rent the prior landlord had waived, without any assignment, was willful and knowing. The landlord admitted he sought rent the former owner had specifically waived, and the judge did not believe his claim that he thought he had received an assignment. Settling the eviction case did not excuse the conduct. Finally, the fee award was within the judge’s discretion under Berman v. Linnane, 434 Mass. 301, 302 to 303 (2001). The judge reviewed the time spent, found the successful and unsuccessful claims intertwined, and cut the request by almost half.
What this means for you
When a building is sold, the new owner does not automatically get the right to collect old rent from you. If the prior landlord forgave or waived rent, and there is no assignment giving the new owner a right to collect, a demand for that money can be more than a mistake. It can be a violation of your right to quiet enjoyment, and if the landlord knows the rent is not owed, an unfair practice under c. 93A.
Using an eviction case to pressure you over money you do not owe can itself be the wrongful act. The landlord does not have to act on purpose. Carelessness can be enough under the quiet enjoyment statute.
This case also shows why counterclaims matter. Even after the eviction was dismissed, the tenant’s claims went forward to trial, and the bad conditions reduced the rent she owed. Fee shifting statutes can make these claims practical to bring.
What to do now
- Keep every written agreement, email or text with your prior landlord about rent forgiveness, payment plans or credits.
- If a new owner demands old rent, ask in writing for proof of the amount and any assignment from the prior owner.
- Document bad conditions with photos, dates and written repair requests to the landlord.
- If you are served with an eviction, file an answer that raises your defenses and counterclaims, including quiet enjoyment, habitability and c. 93A.
- Get legal advice before signing any agreement that admits an amount owed.
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.
