Property Management
Under Massachusetts Chapter 239 (Summary Process Act), a tenant who has received a Notice to Quit and is being sued for eviction has the right to:
ARemain in the property indefinitely regardless of the court outcome
BRaise defenses and counterclaims in Housing Court, including any breach of the warranty of habitability✓ Correct
CRequest a jury trial only if the lease amount exceeds $25,000
DAppeal directly to the Supreme Judicial Court
Explanation
In Massachusetts Summary Process (eviction) proceedings, the tenant has a full right to defend the action and raise counterclaims, including the landlord's breach of the warranty of habitability. Tenants may demand a jury trial in some circumstances.
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