Temkin v. Shatford

Following a jury-waived summary process trial, the court found for the defendants on the plaintiffs’ claim for possession based on the determination that the plaintiffs failed to make proper service of a thirty-day notice to quit. The judge also found for the defendants on their respective counterclaims.

The plaintiffs filed this Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal of the judgment for the defendants on their counterclaims. Specifically, the plaintiffs argue that (1) because the trial judge found that the tenancy was not terminated due to the plaintiffs’ insufficient notice to quit,…