39 sections in this chapter.
Mass. Gen. Laws ch. 186, § 10 Rent as a necessary
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Section 10. Debts for the rent of a dwelling house occupied by the debtor or his family shall be considered as claims for necessaries.
Mass. Gen. Laws ch. 186, § 11 Determination of lease for nonpayment of rent
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Section 11. Upon the neglect or refusal to pay the rent due under a written lease, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease, unless the tenant, on or before the day the answer is due, in an action by…
Mass. Gen. Laws ch. 186, § 11A Termination of lease for nonpayment of rent
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Section 11A. Upon the neglect or refusal by the tenant to pay the rent due under a written lease of premises for other than dwelling purposes, the landlord shall be entitled to terminate the lease either (i) in accordance with the provisions of the lease or (ii) in the absence of…
Mass. Gen. Laws ch. 186, § 12 Notice to determine estate at will
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Section 12. Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the…
Mass. Gen. Laws ch. 186, § 13 Recovery of possession after termination of tenancy at will
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Section 13. Whenever a tenancy at will of premises occupied for dwelling purposes, other than a room or rooms in a hotel, is terminated, without fault of the tenant, either by operation of law or by act of the landlord, except as provided in section twelve, no action to recover p…
Mass. Gen. Laws ch. 186, § 13A Tenants deemed to be at will upon foreclosure of residential real property; status of tenancy agreements where rental payment subsidized under state or federal law
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Section 13A. Upon a foreclosure of residential real property pursuant to chapter 244, a tenant, occupying a dwelling unit under an unexpired term for years or a lease for a definite term in effect at the time of the foreclosure by sale, shall be deemed a tenant at will. Foreclosu…
Mass. Gen. Laws ch. 186, § 14 Wrongful acts of landlord; premises used for dwelling or residential purposes; utilities, services, quiet enjoyment; penalties; remedies; waiver
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Section 14. Any lessor or landlord of any building or part thereof occupied for dwelling purposes, other than a room or rooms in a hotel, but including a manufactured home or land therefor, who is required by law or by the express or implied terms of any contract or lease or tena…
Mass. Gen. Laws ch. 186, § 15 Non-liability of landlord; provisions in lease or rental agreement
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Section 15. Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to indemnify the lessor or landlord or hold the lessor or …
Mass. Gen. Laws ch. 186, § 15A Waiver of notices; lease or rental agreement provisions; validity
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Section 15A. Any provision of a lease or other rental agreement relating to residential real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to waive the notices required under section e…
Mass. Gen. Laws ch. 186, § 15B Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
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Section 15B. (1) (a) No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the …
Mass. Gen. Laws ch. 186, § 15C Residential real estate, lease payments based on real estate tax increases
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Section 15C. No lease relating to residential real estate shall contain a provision which obligates a lessee to make payments to the lessor on account of an increased real estate tax levied during the term of the lease, unless such provision expressly sets forth (1) that the less…
Mass. Gen. Laws ch. 186, § 15D Oral agreement to execute lease; delivery of lease copy; penalty; waiver
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Section 15D. A lessor who has agreed orally to execute a lease and obtains the signature of the lessee shall, within thirty days thereafter, deliver a copy of said lease to the lessee, duly signed and executed by said lessor. Whoever violates any provision of this section shall b…
Mass. Gen. Laws ch. 186, § 15E Action against owner; injuries due to defects violating building code; defense; waiver
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Section 15E. An owner of a building shall be precluded from raising as a defense in an action brought by a lessee, tenant or occupant of said building who has sustained an injury caused by a defect in a common area, that said defect existed at the time of the letting of the prope…
Mass. Gen. Laws ch. 186, § 15F Residential leases or rental agreements restricting litigation or landlord liability; ouster of tenant; remedies
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Section 15F. Any provision of a lease or other rental agreement relating to residential real property whereby the tenant agrees to waive his right to trial by jury in any subsequent litigation with the landlord, or agrees that no action or failure to act by the landlord shall be …
Mass. Gen. Laws ch. 186, § 16 Leases or rental agreements restricting occupancy of children
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Section 16. Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to terminate, or to provide that the lessor or landlord ma…
Mass. Gen. Laws ch. 186, § 17 Occupancy constituting tenancy at will; termination
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Section 17. For the purposes of this chapter, chapter one hundred and eleven and chapter two hundred and thirty-nine, occupancy of a dwelling unit within premises licensed as a rooming house or lodging house, except for fraternities, sororities and dormitories of educational inst…
Mass. Gen. Laws ch. 186, § 17A Residential care and services; housing facility providers; eviction; hearing; jurisdiction
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Section 17A. (a) Section 18 of chapter 184, section 17 of this chapter and chapter 239 shall apply to a lawful housing occupant who is a client in a program of residential care and services licensed, funded or operated by the department of mental health and who: (1) pays the prog…
Mass. Gen. Laws ch. 186, § 18 Reprisal for reporting violations of law or for tenant's union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
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Section 18. Any person or agent thereof who threatens to or takes reprisals against any tenant of residential premises for the tenant's act of, commencing, proceeding with, or obtaining relief in any judicial or administrative action the purpose of which action is to obtain damag…
Mass. Gen. Laws ch. 186, § 19 Notice to landlord of unsafe condition; tort actions for injuries resulting from uncorrected condition
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Section 19. A landlord or lessor of any real estate except an owner-occupied two- or three-family dwelling shall, within a reasonable time following receipt of a written notice from a tenant forwarded by registered or certified mail of an unsafe condition, not caused by the tenan…
Mass. Gen. Laws ch. 186, § 1A Land demised for term of 100 years or more regarded as estate in fee simple
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Section 1A. If land is demised for the term of 100 years or more, the term shall, so long as 50 years thereof remain unexpired, be regarded as an estate in fee simple as to everything concerning the descent and devise thereof upon the decease of the owner, the sale thereof by per…
Mass. Gen. Laws ch. 186, § 20 Attorneys' fees and expenses; residential lease provisions; implied covenant; waiver
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Section 20. Whenever a lease of residential property shall provide that in any action or summary proceeding the landlord may recover attorneys' fees and expenses incurred as the result of the failure of the tenant to perform any covenant or agreement contained in such lease, or t…
Mass. Gen. Laws ch. 186, § 21 Disclosure of insurance information by lessor; violations; waiver
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Section 21. The landlord or lessor of any residential or commercial property, upon the written request of any tenant or lawful occupant, of any code or other law enforcement official or of any official of the municipality in which the property is situated, shall disclose in writi…
Mass. Gen. Laws ch. 186, § 22 Definitions; submeter installation; testing; water use charges; public housing development exemption
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Section 22. (a) For the purposes of this section the following words shall have the following meanings:— ''Common area'', any portion of a building with more than 1 dwelling unit that is not incorporated within a dwelling unit. ''Customer service charge'', a fixed amount charged …
Mass. Gen. Laws ch. 186, § 23 Definitions applicable to Secs. 23 to 29
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Section 23. (a) As used in sections 23 to 29, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Co-tenant'', a person who shares the legal obligation to pay rent or use and occupancy for the premises with a tenant…
Mass. Gen. Laws ch. 186, § 24 Termination of rental agreement or tenancy by victim of domestic violence, rape, sexual assault or stalking
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Section 24. (a) A tenant or co-tenant may terminate a rental agreement or tenancy and quit the premises upon written notification to the owner that a member of the household is a victim of domestic violence, rape, sexual assault or stalking, if such notification is made within 3 …
Mass. Gen. Laws ch. 186, § 25 Refusal of rental agreement or assistance based on termination of rental agreement under Sec. 24 or request for change of lock under Sec. 26 prohibited
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Section 25. An owner shall not refuse to enter into a rental agreement, nor shall a housing subsidy provider deny assistance, based on an applicant having terminated a rental agreement under section 24 or based upon an applicant having requested a change of locks under section 26…
Mass. Gen. Laws ch. 186, § 26 Change of locks upon request of tenant, co-tenant or household member believed to be under imminent threat of domestic violence, rape, sexual assault or stalking
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Section 26. (a) For purposes of this section, the term ''household member'' shall mean a person residing with the tenant or co-tenant as an authorized occupant of the premises, and who is 18 years of age or older or an emancipated minor. (b) An owner shall, upon the request of a …
Mass. Gen. Laws ch. 186, § 27 Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
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Section 27. The superior court, housing court, district court and Boston municipal court shall have jurisdiction in equity to restrain violations of sections 23 to 26, inclusive. Section 18 of this chapter and section 2A of chapter 239 shall apply to an act taken in reprisal agai…
Mass. Gen. Laws ch. 186, § 28 Waivers of Secs. 23 to 27 void and unenforceable
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Section 28. A waiver of sections 23 to 27, inclusive, in any lease or other rental agreement, except as otherwise provided by law or by federal, state or local regulation shall be void and unenforceable.
Mass. Gen. Laws ch. 186, § 29 Owner immunity from liability
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Section 29. (a) An owner complying with sections 23 to 28, inclusive, or with the requirements of an order under chapter 209A or any other law, shall be relieved of any liability to the vacated tenant, co-tenant or member of the tenant's household, or to any other third party on …
Mass. Gen. Laws ch. 186, § 3 Tenancy at sufferance; liability for rent
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Section 3. Tenants at sufferance in possession of land or tenements shall be liable to pay rent therefor for such time as they may occupy or detain the same.
Mass. Gen. Laws ch. 186, § 30 Inspection of vacated property for presence of abandoned animals
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Section 30. Not more than 3 days after a property owner or a lessor knew or should have known that a property has been vacated through termination of tenancy, abandonment or other removal or exclusion of a tenant from the premises under this chapter or chapter 186A, the property …
Mass. Gen. Laws ch. 186, § 31 Notice to quit for nonpayment of rent
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Section 31. (a) A notice to quit for nonpayment of rent given in writing by a landlord to a residential tenant pursuant to this chapter shall be accompanied by a form that shall include, but not be limited to: (i) documentation of any agreements between the tenant and landlord fo…
Mass. Gen. Laws ch. 186, § 4 Liability of tenant for rent for proportion of land in possession
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Section 4. A person in possession of land out of which rent is due shall be liable for the amount or proportion of rent due from the land in his possession although it is only a part of that originally demised.
Mass. Gen. Laws ch. 186, § 5 Action to recover rent; evidence
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Section 5. Such rent may be recovered in contract, and the deed of demise or other written instrument, if any, showing the provisions of the lease, may be used in evidence by either party to prove the amount of rent due from the defendant.
Mass. Gen. Laws ch. 186, § 6 Survival of action
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Section 6. Such action may be brought by or against executors and administrators for any arrears of rent accrued in the lifetime of the deceased parties, respectively, in the same manner as for debts due from or to the same parties in their lifetime on a personal contract.
Mass. Gen. Laws ch. 186, § 7 Remedies of landlords
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Section 7. The six preceding sections shall not deprive landlords of any other legal remedy for the recovery of rents, whether secured by lease or by law.
Mass. Gen. Laws ch. 186, § 8 Recovery of rent accruing before determination of lease
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Section 8. If land is held by lease of a person having an estate therein determinable on a life or on a contingency, and such estate determines before the end of a period for which rent is payable, or if an estate created by a written lease or an estate at will is determined befo…
Mass. Gen. Laws ch. 186, § 9 Recovery of rent paid in advance
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Section 9. If, upon the determination of a tenancy, in any manner mentioned in the preceding section, before the end of a period for which rent is payable, the rent therefor has been paid before such determination, a proportionate part thereof, according to the portion of such pe…