After she commenced summary process proceedings, a landlord’s tender of money damages to remedy a violation of the state’s water use statute did not moot the tenant’s claim to possession, the Appeals Court has decided.

In Ferreira v. Charland, after the property owner’s life circumstances changed, she initiated a no-fault eviction, intending to move back into the home where she had previously lived.

In a counterclaim, the tenant raised a defense under the state’s water use statute. The tenant had been paying the home’s water bill, and the landlord had not installed “low flow” water conservation devices, as the law requires.

The landlord then sent the tenant a pair of checks sufficient to cover any damages the tenant might be due. A Land Court judge agreed that mooted the tenant’s counterclaim.

To continue reading the rest of the article, please click on the source link below:

Landlord’s damages payment fails to moot tenant’s possession claim