How to Assert a Residential Tenant Claim

Residential tenants cannot generally obtain legal representation. The Massachusetts Trial Court, Department of Research and Planning statistics for 2023 report that over 95% of tenants in eviction cases were unrepresented. Tenants often have serious claims but cannot always obtain counsel in cases where their shelter is at risk or where they are living in seriously substandard housing.

Massachusetts has several “fee-shifting” statutes that require the defendant to pay the plaintiff’s reasonable attorney fees and costs if the plaintiff wins. These laws enable attorneys to pursue meritorious claims and recover for their time and expenses regardless of the tenant’s ability to pay an hourly retainer. The fee-shifting statues allow low-income tenants to retain their homes, obtain repairs for dangerous and unsafe conditions, prevent housing discrimination, and stop illegal lockouts. Without attorneys, these rights are often not enforced; fee-shifting allows attorneys to provide tenants with access to justice.

Learn from two attorneys who sustain viable “fee-shifting” practices and discuss the proper analysis for case selection, including where to file cases and how to litigate them.