The jury trial of Gary Rogers, a Somerville man facing eviction for non-payment of rent, began Monday with opening statements and testimony of the plaintiff, real estate investor Ryan Pinto.
Rogers was paying $1,250 a month for his one-bedroom apartment on the third floor of 22 Sargent Avenue until Pinto bought the building in February 2024. Pinto raised the rent to $2,200, a 90% rent hike. Pinto is seeking to evict Rogers for not paying the rent in full.
Jahangir “Jay” Zaheer, one of Pinto’s attorneys, told jurors that the case’s potential impact had been inflated.
“This case is not about standing up for rights, because rights come with responsibilities,” Zaheer said, pacing back and forth in front of the jury. “This case is not about a movement. This case is about Mr. Rogers asking, ‘why should I follow the rules if I don’t have to?’”
Zaheer said that Pinto raised the rent to address high taxes and property fees, not to line his pockets. He urged jurors not to focus on the “noise and headlines.”
“We did not want to be here today,” Zaheer said to the jury. “We didn’t want to waste your or our client’s time. Now, you’re the last people who can give evidence.”
But Emily Mattioli, who represents Rogers, told the jury in her opening statement that Pinto did not follow the law as to how tenancy should be terminated.
“This case was filed as a no-fault eviction case,” she said, leaning against the defendant’s table with her hands clasped together. “Which means that Mr. Pinto alleges that Mr. Rogers did nothing wrong. That’s because he didn’t.”
Mattioli asked the jury to consider procedural errors in Pinto’s attempt to evict Rogers and maintenance violations that she said Pinto should’ve been responsible for.
“We are in agreement with the plaintiff on one thing: we want a fair trial and we want justice to be done,” she said. “We ask that you hold accountable an investor who did not follow the law.”
Pinto was the only witness to testify on Monday, spending hours on the stand.
Pinto testified that Rogers stopped paying any rent near the end of 2023. Rogers then started paying $1,150 in December 2023 – or $100 less than his rent. Pinto completed the purchase of the building in February 2024 and raised the rent. But Rogers continued to pay $1,150 a month.
Pinto, when asked why he filed a no-fault case as opposed to an at-fault one, said that he recognized that Rogers’ situation was stressful. “An at-fault eviction … it doesn’t look good on a tenant’s application,” he said. “I wanted to avoid that.”
Pinto was also asked by his attorneys about maintenance performed on Rogers’ unit and the 22 Sargent Ave. building. Pinto said that all maintenance that was requested – including heating, plumbing and electric services – was performed.
“There were no crossed wires affecting Gary Rogers in his unit,” Pinto said. “In fact, he was saving money by me paying his electric bill.”
Pinto testified that between mortgage, water, sewer, maintenance, snow removal, and property management expenses, he spends $9,700 on the property. With Rogers’ decreased rent payments, he takes in only $7,645 in rent each month, he said.
During cross examination, when asked about a March 2024 check Rogers sent that Pinto returned, Pinto said that All County Property Select Management, the property management company overseeing the 22 Sargent Ave. building, accepted the check on his behalf and that the check was for “use and occupancy,” not rent. When asked if All County acts independently, Pinto said it does in some cases.
Pinto was later asked if he sent a written reservation of rights to Rogers, which would give Pinto the right to accept payment for use and occupancy only, Pinto insisted that it was included on the rent ledger. Pinto acknowledged that Rogers does not control the ledger.
During redirect, which took the last ten minutes of Monday’s session, Pinto’s attorneys asked him questions about the dates on some of the correspondence sent to tenants, including a notice to quit sent to Rogers on April 8, 2024 that listed a termination date of April 31, 2024 (April only lasts 30 days). Pinto testified that he put “April 31” on the notice to quit to match what was written in the lease.
Pinto’s attorneys will continue with redirect on Tuesday. The rest of the plaintiff’s witnesses are also expected to testify Tuesday.
A stronger
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