Discovery Form

Discovery Form	Status: Incomplete, Not Saved
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Required fields are in bold.

Client's White PJ Account Number	anonymous
County
Name Of Court
Docket Number
Original Trial Date	(No Discovery Requested) (MM/DD/YYYY)
Rescheduled Trial Date	(Discovery Requested) (MM/DD/YYYY)
Plaintiff(s) - Landlord(s)
Defendant(s) - Tenant(s)

Interrogatories Check as many boxes as apply.

Tenancy
	What is the name, address, telephone number, occupation and relationship to the tenant's apartment of the person answering these questions? What is the name and address of each owner of the apartment, and the date s/he bought the building? Please describe all members of the tenant’s household (including the tenant) by name, age, gender, and date of move-in. Please describe all the terms of the tenancy, including but not limited to: the original rent; the day of each month on which rent is due; whether the rental agreement was oral or in writing, and the time period of such an agreement; the responsibility of each of the parties for payment for heat, hot water, electricity, cooking fuel for the apartment, and for any common area utilities; any additional terms of the original tenancy; and any changes in the terms of the tenancy (including but not limited to changes in rent), including the date(s) of all such changes, whether the changed terms were in writing, and what the changed terms were.

Landlord's Claims
	State each and every one of your reasons for evicting the tenant, whether or not stated in the complaint. If you claim the tenant, household member, or guest has violated a provision of the lease or rental agreement, please describe each such violation in full and complete detail, including but not limited to: what happened; the dates of each such alleged violation; when and how you learned of the alleged violation; the names and addresses of anyone with knowledge of or information about such alleged violation; the substance of the information known to each person; and what if anything you did after becoming aware of each alleged violation, including the substance and date(s) of any written or oral communication to the tenant regarding such alleged violation and the tenant’s response(s) to such communication(s). Please state how much rent (including “use and occupancy”) if any, is owed, including the specific months and amounts in which such rent was not paid, and the total amount that you claim is owed. For each person with knowledge of the facts alleged in the landlord’s complaint and/or the tenant’s answer/counterclaims, please state: his/her name, address, and telephone number, the substance of the information known to such person, and the expert training/qualifications of such person, if any. State the type of Notice to Quit (or notice of termination of tenancy), if any, relied on in this action, the method of service, the date of service, the name of the person who received the notice, and the name and address of the person who served the notice. If more than one copy of the notice was served on the tenant, please specify the information for each form of service. If the Notice to Quit was also served on a third party other than the tenant, please provide similar information regarding such service. If the tenant has ever paid or offered to pay any rent owed after receiving the Notice to Quit, please describe the payment or offer, the date of the offer, and your response, if any. If the tenant has ever offered Emergency Assistance from the Department of Transitional Assistance or assistance from any other third party to pay the rent, please identify the agency or third party assistance offered by the tenant or anyone on his/her behalf, the substance of the offer, the date on which it was made, and your response.

Public and Subsidized Housing
	If the tenant receives a subsidy or lives in a subsidized unit, please state: the name of the subsidy program and the administering agency, the full contract rent under the subsidy program, the tenant’s portion of the rent, and any changes to the contract rent and/or the tenant’s portion during the last two years. If you have requested an increase to the contract rent during the past twelve months, please describe any such request in full and complete detail, including but not limited to: to whom the request was made; the amount requested; the basis for such request; the date and manner of the request; the agency’s response, if any; and the tenant’s response, if any. Please describe the steps you took to terminate the tenancy as required by the lease or program rules, including but not limited to an offer of an informal conference and/or grievance hearing. If the tenant requested a conference and/or hearing, for each such conference and/or hearing, state the date, who was present, what each person said, and the results of the conference/hearing.

Problems with Apartment/Building
	Please describe in full and complete detail how you came to know of each and every need for repair or other problem in the tenant’s apartment and/or common areas of the building at any point during the tenant’s tenancy. (This includes both alleged and confirmed problems, including but not limited to each of the problems alleged in the tenant’s answer and counterclaims.) For each such problem or condition, please state: the nature of the problem; the date you first became aware of such problem; how you first became aware of such problem—that is, who, if anyone, informed you and how (orally or in writing); and what steps, if any, you took in response to being notified of such problem, including whether your investigation confirmed that there was a need for repair. Please describe in detail any inspections of the apartment or building conducted by the Board of Health, Inspectional Services Department, Housing Authority or other agency, during the term of the tenant’s tenancy, including but not limited to: the date of the inspection, the identity of the agency conducting the inspection, the identity of the person who contacted the agency to perform the inspection and the date of the contact, the date you received a report from the agency, the substance of the report, the date and substance of any communications with the inspector or other representatives of the agency, and what, if anything, you did in response to the inspection. If the landlord before, at the time of, or immediately following the purchase or acquisition of the apartment or building, obtained any inspections, assessments or evaluations of the apartment and/or building, for each such inspection, assessment or evaluation state: the date; the name and address of the person or agency who/that performed it; when you received or became aware of the inspection, assessment or evaluation; the contents thereof, stating specifically what problems or conditions were noted; and what, if anything, you did in response to such inspection, assessment, or evaluation. If the landlord has made or attempted to make inspections and/or repairs (including exterminations) to the tenant’s apartment and/or common areas and systems of the building, for each such inspection and/or repair (or attempt), including extermination, please state: a description of each inspection and/or repair; how and when you let the tenant know of your plan to inspect and/or to repair (including whether there was written notice to the tenant); the date of each inspection and/or repair; the name, address, and telephone number of the company/person who made each inspection and/or repair; and the cost of each repair, if applicable. If you have ever learned of or tried to discover whether there is lead paint in the tenant's apartment and/or building, please provide: A full and complete description of your investigation and/or knowledge/information regarding the presence (or absence) of lead paint in the apartment and/or building, including but not limited to: the substance of any inspections, investigation or knowledge/information; the name, address, and telephone number of any person/company with information; and the date(s) that you conducted such investigation or otherwise acquired such knowledge/information; A full and complete description of any steps you have taken regarding the presence of lead paint in the apartment and/or building (i.e., any and all inspections not identified above and/or abatement of any lead paint hazard), including but not limited to: the substance of all action taken or work performed; the date(s) thereof; who did what work (name, address, company, and license number of the deleader); and the details of any arrangements for relocation of the tenant during the abatement process (including where the tenant was relocated, how the tenant was relocated, and the payment of any costs associated with such relocation). If you claim that the tenant caused any damage to the apartment and/or building, please describe such damage in full and complete detail, including but not limited to: the substance of such damage; why you believe the tenant caused the damage; what if any repairs were made to such damage, the date(s) of such repairs, and the costs of such repairs; and the name(s) and address(es) of anyone with knowledge of such damage allegedly caused by the tenant. If you claim the tenant prevented or hindered you from inspecting the apartment and/or making repairs, for each attempt to inspect or make repairs, please describe: the date of the attempt, how and when you let the tenant know of your plan to inspect and/or to repair, what the tenant did or said to prevent or hinder the inspection or repair, the names and addresses of anyone present at the time who has information about the tenant’s interference with the inspection or repair, and any financial or other loss suffered as a result of the tenant's actions or inactions. If you or anyone on your behalf has been inside the tenant’s apartment during the tenancy (or before the tenancy for the purpose of renting to/preparing the apartment for the tenant), please state who was inside the apartment, when, and why s/he was there. Please describe in full and complete detail the maintenance and management of the apartment and/or building, including but not limited to the identity (by name and address) of each responsible person, a description of each such person’s duties, for how long s/he has managed and/or maintained the building, and his or her job training/experience/qualifications.

Security Deposit and Last Month's Rent
	If you ever received payment(s) for a security deposit and/or last month's rent from or on behalf of the tenant, or know that the tenant made such payment(s) to a former owner, please state: the amount of each payment and whether it was a security deposit or last month's rent; the date each payment was received; whether you gave the tenant a receipt and what information was on the receipt; whether you asked the tenant to sign a statement about the condition of the apartment; the amount, account number(s), and the name(s) and address(es) of any bank(s) in which the security deposit and/or last month’s rent has been kept, and the date(s) of the initial deposit in a bank and of any transfer; whether the security deposit has at all times been kept in a separate escrow account protected from creditors; whether you have paid the tenant interest on the security deposit and/or last month’s rent or credited the interest to the tenant’s account and, if so, when and how much; and a full and complete description of any notice(s) you provided to the tenant about the deposit(s) and/or payment(s) made to a former owner, including the date(s) of such notice(s).

Utilities
	If there is a written agreement requiring the tenant to pay for heat and/or hot water, please describe the substance and date of such agreement. If any of the tenant's utilities (water, gas or electricity) have ever been shut off, discontinued or threatened to be shut off/discontinued (by you, a utility company, or anyone else), state which utility and when, the reason for the shutoff or notice/threat of shutoff, and when the utility was turned back on. Please describe any accounts that the landlord has for common area utility usage in the building, including the date such account was established, the name of the utility company, the account number for each such account, and a description of the areas in the building covered by each such account. If the tenant is responsible for paying for any electricity or other utility outside the apartment, including but not limited to hallways, basement, and/or the exterior of the building, please describe what the tenant is responsible for, whether there is a written agreement between the parties reflecting this arrangement, and the date such arrangement first took effect.

Facts about the Landlord
	Please list all property that you own or have owned at any point during the tenant’s tenancy in the apartment (including any property owned by trust or business entities with which you are associated) and for each such property: identify the address, state the number of apartments in each such property, and state the purchase date and dates of ownership. If you are a trust, please describe the trust in detail, including but not limited to: the name of the trust, the names of the trustees, and any changes thereto (including all applicable dates), and the names of the beneficiaries of the trust, and any changes thereto (including all applicable dates).

Disability
	Please describe any knowledge, information or belief you have of the tenant or a household member having any mental and/or physical disability, including but not limited to how you were made aware of such disability and what disability you believe or were informed the tenant or the household member has. Please describe in detail any requests made by or on behalf of the tenant or household member for an accommodation (e.g., a change in rules or policy, a physical change to the apartment, not proceeding with an eviction, or other special treatment) due to her/his disability, including but not limited to: when and how the tenant or other person asked you for an accommodation, what s/he requested that you do or not do on account of her/his disability, and your response.

Other
	If you knew or believed that the tenant went to a tenants’ meeting or participated in a tenants’ organization, or filed or threatened to file a lawsuit or claim against you, describe such actions and state when and how you became aware of this. If the tenant or any agency or person asked you to accept a subsidy for the tenancy (for example, Section 8) or to fill out any forms related to a subsidy for a housing authority or other agency, please describe such request in detail, including but not limited to: what you were asked to do, when, how (orally or in writing) the request was made, and your response. For each conversation you have had with the tenant about the reason(s) for eviction or that concerns your claims and/or the tenant’s defenses or counterclaims in this action, please state when, who was present, and what was said. Please state your opinion, if any, of the fair market monthly rental value of the apartment (i.e., for how much you could rent the apartment in good condition) for each year of the tenant’s tenancy/occupancy, and describe in detail the basis for your opinion. If the building or the tenant’s apartment has been converted to the condominium or cooperative form of ownership, or if there is an intent to do so, please state: when the conversion took place or will take place and the substance and date(s) of information or notices, if any, provided the tenant by the landlord or any other person or entity regarding any rights the tenant may have under applicable condominium conversion eviction laws.
Other:
Other:

Document Requests Check as many boxes as apply.

Tenancy and Termination
	Any documents related to the rental of the apartment and/or to the tenancy, including but not limited to rental applications, credit checks, references, lease(s) or other written agreement(s) between the landlord and the tenant, and lease addenda, changes, or renewals. All documents related to the composition of the tenant’s household (i.e., the identity of all people who occupy or who have lived at any time in the apartment). All letters and other written communications between the landlord and the tenant. All written records kept by the landlord concerning payments for rent/use and occupancy made by or on behalf of the tenant. All written records kept by the landlord concerning payments for charges other than rent/use and occupancy made by or on behalf of the tenant. All documents received from any predecessor(s) in interest (people or business(es) that owned the building before you did) related to the building, including but not limited to documents about: the condition of the building, tenancies at the building, assignments of rights/obligations, and a security deposit and/or last month’s rent for the tenant’s apartment. All documents concerning the landlord's purchase, refinancing, mortgage, sale, marketing, and/or insurance of the apartment/building, including but not limited to inspection reports and other assessments/evaluations, purchase and sale agreements (and other documents concerning conditions of purchase/sale), broker or other marketing agreements, and the like. All Notices to Quit ever served by the landlord on the tenant or on an agency providing a subsidy for the tenant and returns of service for each such notice. All documents related to any complaints received from any source about the tenant and/or members of the tenant’s household or guests. All documents concerning charitable or third party payments on behalf of the tenant, including but not limited to fuel/weatherization, rent and/or other assistance. All documents concerning the Department of Transitional Assistance (“DTA”), including but not limited to: Emergency Assistance rental arrearage payments, “vendor” rental payments by the tenant through DTA, or other assistance concerning the tenant (e.g., Emergency Assistance applications, agreements, invoices, checks, or other documents). All documents related in any way to any of your reasons for evicting the tenant. All documents related in any way to the landlord’s claims and/or to the tenant’s defenses or counterclaims (to the extent not addressed elsewhere in your responses to these document requests).

Public and Subsidized Housing/Governmental Assistance
	All written documents concerning the exact type or nature of any rental subsidy attached to the building or involved in the tenancy. All documents related to requests that you accept a subsidy for the tenancy and your response, if any. All documents concerning determination of the tenant's rent, determination of the contract rent, and/or recertification of the tenant household. All documents concerning any request you have made for an increase in the contract rent and responses to that request from the tenant and/or agency administering the tenant’s subsidy. All documents related to any informal conference and/or grievance hearings during the tenancy. All letters and other written communications between the landlord and any housing authority, DHCD (formerly EOCD), MHFA, HUD, the Rental Housing Resource Center (formerly the Boston Rent Equity Board), and any other relevant agency regarding the tenant or the apartment. All documents concerning conditions or use restrictions for the apartment and/or building related to your (or your predecessor’s) receipt of any form of government assistance, including but not limited to low-interest loans, subsidies, tax credits, deleading and/or rehabilitation assistance, and the like.

Problems with the Apartment/Building
	All documents notifying the tenant of inspections and/or repairs to the apartment or building. All photographs, videos, and/or digital images of the tenant’s apartment or of the building at any time during the tenancy, or within 2 weeks before the tenant moved in. All documents related to investigation for or the presence of lead paint at any time in the tenant’s apartment and/or in the building, including but not limited to notices to any tenants in the building, notices from any agency about lead paint, and documents related to lead paint inspections, verifications of lead paint abatement and/or control of lead paint, and tenant relocation. All documents concerning conditions in the tenant's apartment and/or in the common areas or systems of the building, including complaints, inspection reports and requests for repairs by the tenant or any other person or agency. All documents relating to repairs of the apartment and/or common areas or systems of the building including but not limited to invoices, estimates, bills, work orders, receipts and records of payment. All documents related to the basis of the landlord’s opinion regarding the fair market monthly rental value of the apartment.

Other
	All documents concerning the tenant's security deposit and/or last month's rent, including but not limited to receipts, copies of any bank records or statements, notices given to the tenant about the deposit/payment, conditions statement, and documents relating to payment and/or crediting of interest to the tenant. All documents concerning who is responsible for payment of heat, hot water and/or other utilities in the apartment. Any documents concerning the threatened or actual termination and/or re-connection of utilities in the apartment and/or building. Any documents concerning accounts that the landlord has for common area utility usage in the building. Any documents concerning tenant responsibility for payment of any electricity or other utility outside the apartment, including but not limited to hallways, basement, and/or exterior of the building. Any documents concerning the tenant’s or household member’s disability and/or request for accommodation (i.e., a change in rules or policy, a physical change in the apartment and/or common areas, etc.) that the tenant or anyone on his/her behalf has made to you and your response to such request, and any offers of reasonable accommodation that you otherwise have made to the tenant of household member. Any documents concerning actual or proposed condominium or cooperative conversion of the apartment or building. Any documents concerning fire, property and/or liability insurance of the apartment/building, including but not limited to policies, binders, contracts, agreements, vouchers, checks, notices, correspondence, and notices to your insurer of claims concerning the apartment and/or building. Any documents concerning the management of the apartment and/or building. Any documents concerning the maintenance of the apartment and/or building. Any documents concerning lawsuits or claims related to the apartment and/or building and/or involving the landlord and the tenant. Any documents not already produced regarding the tenant, his/her apartment, or his/her tenancy.
Other:
Other:
Tenant's Name
Address
City
State	(two-letter abbr)
Zip
Telephone	(123-456-7890)

COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT

,ss.

Name of Court:
Docket No.:

Trial Date:
Original Trial Date:
Rescheduled Trial Date:

Plaintiff(s) - Landlord(s)

vs.

DEFENDANT'S REQUEST FOR DISCOVERY (INTERROGATORIES AND DOCUMENT REQUESTS)

Defendant(s) - Tenant(s)

Notice to Plaintiff

Because this Discovery has been filed and served, the trial date is automatically postponed for two weeks until the date stated above.
You are required by law to answer the interrogatories (questions) below truthfully and fully, under the pains and penalties of perjury. Before each of your answers, you must re-state the interrogatory to which you are responding. Include all information that is available to you and to those who work with and for you. You must also provide any and all requested documents in your possession or that of your agents or employees.
No later than ten (10) days after you or your attorney receives this Request for Discovery, the court and the defendant must receive your responses to these questions and documents requested. Answers should be mailed or delivered to the defendant’s apartment.
You are also required to supplement and/or amend your responses to this discovery if after you have responded you learn:

the identity of other persons with information about the questions asked (including expert witnesses you intend to have testify at trial); and/or
that any of the information you gave in the responses was incorrect when made or is no longer correct.

If any documents that are responsive to the requests for production of documents checked off below are redacted or are not produced based on a claim of privilege or on any other grounds, please identify as to each such document or part of such document:

the nature of the privilege claimed;
the factual and legal basis of the claim of privilege or ground for not producing the document;
the title of the document;
the author of the document;
each person to whom an original or copy of the document was provided; and
the subject matter and a description of the material withheld, to the fullest extent possible short of waiving the claimed privilege.

DEFINITIONS

The terms “you,” “plaintiff,” and “landlord” include the plaintiff named above and any and all other persons or entities with any ownership in the premises, as well as plaintiff’s agents, employees, relatives, attorneys, and anyone acting on their behalf.
The term “apartment” refers to the house or unit that the tenant occupies, including the exterior and common areas. If the tenant has occupied more than one apartment under an arrangement with the plaintiff, this covers any and all apartments occupied by the tenant.
The term “tenant” includes the defendant(s) named above and his or her agents, relative(s), attorney(s) and anyone else acting on the tenant’s behalf.
The term “building” refers to the building, common areas, grounds, and any other apartments at the address where the tenant’s apartment is located.
The term "document" includes: writings, videotapes, electronic mail or other documents electronically stored and/or transmitted, drawings, graphs, charts, photographs, digital images, recordings, contracts, agreements, correspondence, memoranda, reports, notes, requests, bills, orders, notices, writs, declarations, complaints, answers and other court pleadings, schedules, tabulations, checks, diary entries, telegrams, diagrams, films, newspaper clippings, and other writings and recordings of whatever nature. A draft or non-identical copy is a separate document within the meaning of this term.
The term "concerning" means referring to, relating to, supporting, describing, reflecting, constituting or in any other way referencing.
Unless otherwise specified, the applicable time period for these requests is the period of the tenant’s occupancy of the apartment(s), plus one month before such occupancy and one month afterward if the tenant has vacated.

INTERROGATORIES (Questions)

DOCUMENT REQUESTS

I hereby certify that I delivered or mailed (circle which one) a copy of this Discovery to my landlord or to his/her lawyer on ___________________________ (date).

Signature of Tenant(s)

Tenant's Name

, MA

Discovery Form

Status: Incomplete, Not Saved

Interrogatories

Document Requests