Most v. Fitzgerald

The sole issue in this appeal, which we transferred here on our own motion, is the correctness of the dismissal of the small claims appeal to a jury-of-six session where the defendant landlord has filed a counterclaim in the original action. It was error to dismiss the appeal.

The plaintiff (tenant) had been renting premises which the landlord purchased. The landlord sought to terminate the tenancy by serving a notice to terminate on the tenant and later informed the tenant that the premises were to be renovated. The tenant vacated the premises and sought compensation for unused heating oil on…