Home Julio A. Ramos v. Roxana Flores


February, 2020

Housing Court, Southeast Division

Joseph L. Michaud, Associate Justice


This is a summary process action brought to recover possession of the subject rental premises for non-payment of rent via a 14 day Notice to Quit. Plaintiff and the Defendant were both pro se. The Defendant did not file an answer but testified at trial without objection. Plaintiff provided testimony and documentary evidence. Based on the credible evidence at trial the following findings, rulings and orders are to enter:

1. Plaintiff is the owner of the subject rental premises located at 42 Granite Street, 1st floor, Taunton, Massachusetts ("Premises") where the Defendant currently resides;

2. The parties entered into a written lease agreement on or about October 2, 2018 concerning rental of the premises;

3. The monthly rent total is $1400.00, which is due and payable on the first of each month;

4. At the time of trial, the Plaintiff by written motion moved to amend his complaint to reflect $2800.00 being past due and payable. As Defendant did not object said motion was allowed;

5. On January 8, 2020 the Plaintiff served and the Defendant received a legally sufficient 14 day notice to quit;

6. A legally sufficient Summary Process Summons and Complaint was served to the Defendant on January 22, 2020;

7. On February 18, 2019 the parties appeared and after attempts at mediation failed, the matter proceeded to trial;

At trial, Plaintiff submitted the Notice to Quit and informed the Court that the Defendant had not paid rent for January and February 2020 and she had not cured the delinquent rent within the 10 day statutory cure period ending on January 18, 2020. The Court credits this evidence and testimony.

The Defendant testified that she was unemployed and despite a period of historiclly low unemployment she could not find a job. As a result she did not pay her rent. She offered no other defenses or counterclaims. The Court does not credit this testimony.

Order and Entry of Judgment. For the above-stated reasons, Judgment shall enter for the plaintiff for possession of the subject rental premises, for $2,800.00 and the costs related to the prosecution of this matter.