The Massachusetts Court System
There are both federal and state courts in Massachusetts. Typical landlord-tenant matters can be addressed in state court. The Massachusetts state court system has three levels:
- Trial courts
- Appeals courts
- Supreme Judicial Court
Endnotes
2 . G.L. c. 185C.
3 . 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.
4 . 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.
5 . “A security deposit shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the lessor, and shall not be subject to the claim of any creditor of the lessor or of the lessor’s successor in interest, including a foreclosing mortgagee or trustee in bankruptcy.” G.L. 186 § 15B(1)(e). If a landlord invades the account where your security deposit is held and dissipates the security deposit, the landlord cannot be discharged from the debt based on fraud or misappropriation or in bankruptcy terms “defalcation.” 11 U.S.C. § 523(a)(4).
6 . If the tenant has a prepretition claim against the landlord that is based on fraud, false pretenses, or willful and malicious injuries, they should raise the claim in bankruptcy court by filing an adversary proceeding to determine that the debt is nondischargeable. 11 U.S.C. 523(a)(2).