It is very hard. The Appeals Court held that a tenant could not take back an agreement for judgment she signed in mediation, even though the landlord’s notice to quit left out information the law requires. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.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 landlord sent the tenant a notice to quit for nonpayment of rent in December 2024 and filed an eviction case in January 2025. The tenant missed the first trial date and a default judgment entered, but a judge later vacated it and set a new trial date. On that date the tenant and the landlord went to mediation with a Housing Court housing specialist and signed an agreement for judgment. The next day, the tenant, who represented herself, asked the court to let her withdraw the agreement and dismiss the case. She said the notice to quit was defective and that she did not understand what she had signed. After a hearing, the judge denied her motion.
What the court decided
In Baystone Revere LLC v. Omidiji, No. 25-P-1237 (Mass. App. Ct. June 9, 2026) (Rule 23.0 decision), the court affirmed.
The judge did not abuse her discretion. A motion to set aside a judgment under Mass. R. Civ. P. 60(b) is reviewed only for abuse of discretion. Matter of M.C., 481 Mass. 336 (2019). The judge did not believe the tenant’s claim that she did not understand the agreement. She relied on the warnings housing specialists give before mediation, the consent to mediation form the tenant signed, which said mediation is voluntary and the parties can ask a judge to decide, and the skill shown in the tenant’s own motion. Appeals courts give strong deference to a judge who heard the witnesses and saw them testify.
The defective notice did not make the judgment void. The court agreed the notice to quit left out information that G.L. c. 186, § 31 requires with a nonpayment notice, including information on rental assistance programs, court rules for eviction cases, and state or federal limits on evictions. But a judgment is void only if the court lacked jurisdiction over the parties or the subject matter, or denied due process. McIntire, petitioner, 458 Mass. 257 (2010). Whether a notice to quit is legally adequate is not a question of the court’s jurisdiction. Cambridge St. Realty, LLC v. Stewart, 481 Mass. 121 (2018). And the tenant got due process. She had notice and a chance to be heard: the judge vacated her earlier default and later held a hearing on her motion. See Spenlinhauer v. Spencer Press, Inc., 81 Mass. App. Ct. 56 (2011).
The court also said the tenant’s other arguments were not developed enough to count as appellate argument.
What this means for you
An agreement for judgment is a binding court order once the judge approves it. Signing one after mediation has real consequences. Saying later that you did not understand it is very hard to prove, especially when you signed a form saying mediation was voluntary.
A defective notice to quit can be a strong defense. Under § 31, a nonpayment notice must come with a form that includes rental assistance information and other required details. Under Cambridge Street Realty, though, the defense is part of the landlord’s case that you can lose if you do not raise it. In this case, the tenant raised the defect only after she had already agreed to a judgment. By then it was too late to use it to undo the deal.
The lesson is timing. Raise every defense before you sign anything, and before trial. If you are unsure, you can say no to mediation or ask for time to talk to a lawyer. You have the right to have a judge decide your case.
What to do now
- Read your notice to quit closely. Check whether it came with the required form on rental assistance and your rights.
- File a written answer that lists every defense, including any problem with the notice to quit.
- Before mediation, decide what terms you can actually meet. Do not sign an agreement you cannot keep.
- If you do not understand a proposed agreement, do not sign it. Ask for time or ask to go before the judge.
- Talk to a lawyer as soon as you get a notice to quit, not after you sign.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
