My landlord is starting eviction procedures against me. I believe she is in error. I would like to contest in court. However, I worry that this will appear on my public record even if I win.
Yes, there would be a public record, but the public record is not published and would only be available through independent investigation. It should not stand in the way of you exercising your rights in a dispute with your landlord. A dispute with your landlord is a civil matter and does not carry the stigma of having been involved in a criminal dispute.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
I agree with Attorney Mason. While the record of the eviction is technically public, it will be very difficult to find as such records are not readily available. There is no online database - most people would have to actually go to the courthouse and look at the file. And if it ever became an issue, the record would also contain the outcome of the eviction and the reason why you won, if you did.
Massachusetts law contains very strong protections for tenants so you should definitely focus on defending yourself. On a related note, you should also be very careful to watch for any papers from the court. If you have not already received the summary process complaint, be sure to note the date by which you need to respond to the complaint, which will be listed on the document. If you miss this date, you will likely lose your right to seek discovery from the landlord and to request a jury trial. If you feel that the eviction is in error and that you have some good defenses or counterclaims, you should speak to an attorney as soon as possible, as you may be able to obtain representation for little or no upfront cost since many such counterclaims include attorney's fees if you win. Best of luck to you.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
Technically, yes. however, most people are concerned about judgments against you. If you win and obtain a judgment in your favor, it will not--in most cases--cause any problems.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline