Fleming v. Moran

The present defendant brought an action of summary process against the present plaintiff for possession of leased premises on the ground of nonpayment of rent. The plaintiff interposed three defenses: (1) she was not the tenant, the premises being occupied by her father; (2) the lessor had waived payment when due; (3) the lessor had altered the premises without first obtaining a certificate of occupancy, which was required by statute and was a prerequisite for maintaining the action. Judgment was entered for the lessor “to recover possession of premises as per Memorandum of Decision in file.”…