Kredi v. Benson

This case concerns a summary process action brought on the ground of nonpayment of rent to recover possession of premises rented to the defendants on a month to month basis. The defendants appeal 1 from the judgment for the plaintiffs allowing them to recover possession of the premises, claiming that the court abused its discretion by permitting an amendment to the complaint and that they were constitutionally entitled to a jury trial.

The defendants resided for three years in an apartment owned by the plaintiffs. The tenancy was based upon an oral month to month leasing agreement. On August…