More so than not, cases brought before Massachusetts housing courts are cases involving 93A violations. These violations refer to the Consumer Protection Act and are also violations of Chapter 93A of the Massachusetts General Laws. According to Chapter 93A, it is unlawful for a landlord to threaten to use, attempt to use, or actually use any unfair or deceptive acts against a tenant or anyone in the leased unit. In many cases, 93A violations occur when a landlord tries self-help eviction methods, like turning off the utilities, to force a tenant out of the unit. Self-help practices are illegal; you must comply with the law when you want to evict someone. But 93A violations do not pertain only to wrongful eviction practices, they materialize in different forms as well.

If you, as a residential landlord, want to build good relationships with your tenants and prevent 93A violation-based legal action, then you should familiarize yourself with the law and, if you receive a 93A violation letter, contact an experienced landlord/tenant lawyer in Boston to resolve the issue as soon as possible, preferably before trial.

The Timeline of a 93A Housing Complaint

Step 1: The Demand Letter

Before filing a 93A lawsuit, a claimant is generally required to send the landlord a written demand letter identifying the unfair or deceptive practice and the injury claimed. This isn't optional — it's a statutory prerequisite to recovering multiple damages.

Step 2: The Landlord's Response Window

The landlord has 30 days to respond to the demand letter with a written offer of settlement, or a statement of the reasons why no settlement is being offered. This response matters more than it might seem — a reasonable offer made in good faith can limit the damages available later, even if the tenant rejects it and proceeds to litigation.  A timely response to a 93A letter is absolutely critical.  If you are served with this type of demand letter, it can not be ignored.

Step 3: Filing Suit

If the demand letter doesn't resolve the matter, the tenant can file a 93A claim, often alongside other claims (breach of the implied warranty of habitability, security deposit violations, retaliation) in the same action. This may happen as a standalone case or as a counterclaim in an eviction the landlord has already filed.

Step 4: Discovery

The parties exchange documents and information relevant to the claim — maintenance records, communications between landlord and tenant, lease documents, and any prior complaints or inspection reports. Documentation from earlier in the tenancy often becomes central here, which is why maintaining a clear paper trail matters well before a complaint is filed.

Step 5: Motion Practice

Either side may file pretrial motions — for example, a motion to dismiss if the claim is legally insufficient, or a motion for summary judgment if the undisputed facts favor one side.

Step 6: Settlement or Trial

Most 93A claims resolve through negotiation or mediation before trial. If the case doesn't settle, it proceeds to trial, where the court determines liability and damages.

Step 7: Damages

If a landlord is found liable, damages can include actual damages, and — if the violation is found to be willful or knowing — up to three times the actual damages, plus the tenant's reasonable attorney's fees and costs.  

Our Process and Why the Early Steps Matter Most

The demand letter and response stage is often where a 93A case is effectively decided. A landlord who documents conditions, responds to the demand letter promptly and reasonably, and avoids conduct that looks retaliatory is in a fundamentally different position than one who ignores the process until a lawsuit is filed.  An appropriate and realistic assessment of the tenant's damages from an experienced attorney at this stage usually yields a settlement that both parties can live with.

Contact

If you've received a 93A demand letter or been served with a 93A claim, contact Sandonato Law before your response deadline passes.

 

Contact Sandonato Law    Call (617) 481-2742