Withholding rent over bad conditions can protect you from eviction, but only if you can prove the conditions to the judge or jury. In this case, the Appeals Court affirmed an eviction where a jury believed the landlord’s evidence that the repairs the tenants complained about were minor or not there. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.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 tenants rented an apartment in Cherry Valley from a limited liability company that was listed as the landlord on the lease. A few months later, one tenant began complaining about plumbing problems and ants. In November 2023 he sent the landlord written notice that he would withhold rent starting in December until his concerns were fixed. The tenants stopped paying, and in January 2024 the landlord served a notice to quit for nonpayment and then filed an eviction case in the Housing Court. A jury found for the landlord on possession, on damages, and on the tenants’ counterclaims, and one tenant appealed.
What the court decided
In Stafford Street Properties, LLC v. Peel, No. 25-P-560 (Mass. App. Ct. June 4, 2026) (Rule 23.0 decision), the court affirmed the judgment on three main points.
The LLC landlord had standing. Only an owner or lessor can bring an eviction case to recover possession. Rental Prop. Mgt. Servs. v. Hatcher, 479 Mass. 542 (2018); G.L. c. 239, § 1. The landlord proved through the lease, the notice to quit, the deed, and trial testimony that it was the owner and landlord. The court rejected the idea that only a natural person can bring a summary process case, pointing to Diplomat Prop. Manager, LLC v. Lozano, 102 Mass. App. Ct. 57 (2022), where an LLC that owned property brought one. The tenant also had no right to discovery about who owned the LLC.
Complaints about the jury instructions came too late. Neither tenant objected to the instructions at trial, so the issue was waived. Cormier v. Pezrow New England, Inc., 437 Mass. 302 (2002). The judge also did not have to instruct the jury on the security deposit counterclaim, because the tenants offered no evidence on it.
The evidence supported the verdict. The tenant argued he was entitled to withhold rent after giving notice of bad conditions. Massachusetts law does let a tenant raise conditions as a defense and counterclaim in a nonpayment eviction case. G.L. c. 239, § 8A. But the landlord disputed the conditions. A maintenance worker testified he went to make the requested repairs and did not see the reported problems. The local board of health inspected and found only minor issues, not many of the claimed defects. The jury was free to believe the landlord, and that gave a rational basis for rejecting the tenants’ defenses. The court treated other arguments as waived because they were not properly briefed.
What this means for you
Sending a written withholding letter is an important first step, but it does not win the case. If the landlord takes you to court, you still have to prove that the conditions were real, and that the landlord knew about them before you fell behind. Section 8A says proof of a sanitary code violation that may endanger or materially impair health or safety creates a presumption in your favor. A board of health report that finds only minor problems can hurt you instead.
This case also shows two procedural traps. First, if you think the judge’s instructions to the jury are wrong, you must object at trial or lose the point. Second, if you have a counterclaim, such as a security deposit claim, you must put in evidence on it. A claim with no evidence will not go to the jury.
Finally, an LLC can be a landlord and can evict. What matters is whether the company that filed the case actually owns or leases the property.
What to do now
- Before withholding, give the landlord written notice of each problem and keep a copy.
- Ask your local board of health for an inspection and get the written report.
- Take dated photos and videos, and keep texts, emails, and repair requests.
- Consider setting aside the withheld rent, since the court may order you to pay part of it.
- If you get a notice to quit or court papers, talk to a lawyer right away about your defenses and counterclaims.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
