Home Peter and Connie Medeiros v. Shayna Faria


February 27, 2020

Housing Court, Division

Joseph L. Michaud, Associate Justice


This is a summary process action brought to initially recover possession of the subject rental premises at 440 Jackson Street, Apt 2, Fall River, Massachusetts via a 30 day Notice to Quit. ("Premises") Plaintiffs and the Defendant were both pro se. The Defendant did not file an answer but testified at trial without objection. After mediation failed the parties submitted stipulations and further testified at trial. Plaintiffs provided documentary evidence as to the requisite Notice to Quit and Summary Process Summons and Complaint. 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 where the Defendant currently resides;

2. The parties entered into an agreement concerning rental of the premises on or about August 20, 2017;

3. The monthly rent total is $575.00 which is due and payable on the first of each month;

4. At the time of trial, the Plaintiffs orally moved to amend their complaint and now claimed the amount past due was $1,150.00 for the months of January and February 2020;

5. On December 27, 2019 the Plaintiffs served and the Defendant received a legally sufficient 30 day notice to quit;

6. A legally sufficient Summary Process Summons and Complaint was served to the Defendants on February 3, 2020;

7. On February 20, 2020 the parties appeared and after attempts at mediation failed, the matter again proceeded to trial;

8. The Plaintiffs are holding the sum of $575.00 as a last months rent;

The Defendant testified that since the rental increase of January 2020, she could no longer afford to the pay the rent. The Court credits the testimony of the Defendant but notes that the Defendant failed to file a timely response in this matter and that affordability is not a recognized defense to an eviction. As a result, the Court will consider the arguments of Defendant as mitigating factor in its decision.

Order and Entry of Judgment. For the above-stated reasons after taking all evidence into consideration and drawing reasonable infrences therefrom;

1. Judgment shall enter for the Plaintiffs for possession of the subject rental premises, for $1,150.00 and the costs related to the prosecution of this matter.

2. That the judgment amount shall be offset by the $575.00 that the Plaintiffs currently hold as the last months rent bringing the total judgment to $575.00 plus costs.

3. Execution to issue in due course.