Meikle v. Nurse, 474 Mass. 207

Plaintiff Garth Meikle (landlord) sued tenant Patricia Nurse in Housing Court for possession (no-fault termination) and unpaid use-and-occupancy for May–July 2014 after terminating a tenancy at will.
Nurse had paid a $1,300 security deposit when she leased in 2011; Meikle failed to provide required receipt, bank deposit/account information, and failed to pay statutorily required interest.
Nurse counterclaimed under G. L. c. 186, § 15B (security deposit statute), G. L. c. 93A, and other tenant-protection theories; trial judge found for Meikle on possession and unpaid rent but for Nurse on the security deposit claim, awarding damages to offset rent.
The trial judge ruled that violations of the security deposit statute could be a counterclaim for damages but were not a defense to the landlord’s summary process claim for possession under G. L. c. 239, § 8A.
The Supreme Judicial Court considered whether a statutory security-deposit violation may be asserted as a defense to possession in a summary process action and whether the tenant was entitled to the § 8A payment/retention remedy.

Issue	Plaintiff's Argument (Meikle)	Defendant's Argument (Nurse)	Held
Whether a violation of the security deposit statute may be asserted as a defense to a landlord's summary process action for possession under G. L. c. 239, § 8A	Security-deposit claims are damages claims only and do not qualify as a § 8A defense to possession	A § 15B violation "relates to or arises out of" the tenancy and is a "violation of any other law" within § 8A, so it may be asserted as a defense to possession	Held for Nurse: § 15B violations fall within the § 8A definition of counterclaim/defense and may defeat or delay possession
Whether, if tenant prevails on a § 15B counterclaim but damages are less than landlord's claim, tenant is entitled to the one‑week payment opportunity under § 8A, fifth paragraph	Landlord sought immediate possession despite offset	Tenant argued she was entitled to the statutory one-week opportunity to pay the balance to retain possession	Held for Nurse: tenant must be given the one‑week notice and opportunity to pay per § 8A, fifth par.; judgment for possession premature without that procedure

Martin v. Simmons Props., LLC, 467 Mass. 1 (bench-trial findings reviewed for clear error)
Commerce Ins. Co. v. Commissioner of Ins., 447 Mass. 478 (statutory interpretation reviewed de novo)
Lowery v. Klemm, 446 Mass. 572 (statutory construction principles)
Seller's Case, 452 Mass. 804 (remedial statutes are given broad interpretation)
Hampshire Village Assocs. v. District Court of Hampshire, 381 Mass. 148 (importance of § 15B and legislative intent)
Lawrence v. Osuagwu, 57 Mass. App. Ct. 60 ("violation of any other law" in § 8A includes tenant-protection claims)
Rubin v. Prescott, 362 Mass. 281 (§ 8A defenses available to tenants at will/sufferance)