The Massachusetts state court system has three levels: the trial courts, the appeals courts, and the Supreme Judicial Court, the highest court in the state.
Trial Courts
The trial court system is where you first file a complaint. There are two departments in the trial court that are responsible for most landlord and tenant cases: housing courts and district courts.
The Housing Court
Housing courts handle a variety of issues about housing, including housing code violations, evictions, lockouts, housing discrimination, and receiverships. Housing courts also handle small claims and criminal complaints.1 Housing courts are the best equipped to deal with landlord and tenant matters. However, housing courts are not yet available in every part of Massachusetts. Currently, there are five housing courts:
Boston Housing Court
Worcester County Housing Court
Northeast Housing Court
Southeast Housing Court
Western Massachusetts Housing Court
Phone numbers for housing courts are listed in the Directory.
The District Court
District courts have the greatest number of locations throughout the state. Districts courts deal with minor criminal offenses, civil cases under $25,000, eviction cases, and small claims cases (for $2,000 or less).2 For a list of district courts, see the Directory.
Note
If your landlord has declared bankruptcy, you cannot bring a lawsuit against her in housing or district court.3
If you want your complaint heard by a judge, you must go before the bankruptcy court, and that court will hear your complaint. Or you can ask the bankruptcy court for permission to have your case heard in housing or district court. You
can call the bankruptcy court in Boston (617-565-8950) or Worcester (508-770-8900) to see if your landlord has declared bankruptcy.
Key Court Staff
Judges
The judge is the most powerful person in the courtroom. Judges rule on what procedures to follow, what evidence is acceptable, and how the law applies to your case. Through making decisions, judges create new laws and refine the meaning of old laws. They are appointed by the governor for a term that expires at age 70.4
Judges are faced with the difficult job of making very important decisions that affect people's lives. They have to hear a lot of cases, one after the other, often under high-pressure conditions. Judges also have different temperaments and interpret the laws differently.
Judges must be neutral, and you cannot expect a judge to be your advocate. To put yourself in a better position to be heard by a judge, come prepared with key documents and having thought through your claims. Be brief. Judges appreciate when people get to the point.
Clerks
Clerks organize court business. Their job is to file papers, call cases to be heard, locate files, make routine fee waiver decisions, and otherwise assist the judge. In the courtroom, the clerk usually sits in front of or next to the judge. You may ask the clerk to explain court procedures. However, clerks are not permitted to give legal advice.
Housing Specialists
Housing specialists work in the housing court. They perform many different functions, including case mediation and inspections of property. They work closely with the other court personnel to resolve housing problems.
Court Officers
Court officers are responsible for keeping order in the court. They open and close each court session with the familiar "all rise."
Endnotes
1 . G.L. c. 185C.2 . G.L. c. 218. District courts have broad equity powers in landlord and tenant cases. G.L. c. 186, §14. District courts also have an Appellate Division that hears certain limited appeals, G.L. c. 231, §§108-110.
3 . 11 U.S.C. §362 provides that once a petition for bankruptcy has been filed, all actions already filed prior to the petition or which may be filed in the future are stayed.
4 . Mass. Const., Pt. 2, Ch. III, art. 1. After retiring at age 70, a judge may still be assigned to hear cases, as long as no one assignment lasts longer than 90 days. Mass. Const. Art. of Amend., art. XCVIII; G.L. c. 211B, §14.
Produced by Faye B. Rachlin Created July 2008
