20 sections in this chapter.
Mass. Gen. Laws ch. 239, § 1 Persons entitled to summary process
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Section 1. If a forcible entry into land or tenements has been made, if a peaceable entry has been made and the possession is unlawfully held by force, if the lessee of land or tenements or a person holding under him holds possession without right after the determination of a lea…
Mass. Gen. Laws ch. 239, § 10 Stay of proceedings; hearings
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Section 10. Upon application for such a stay of proceedings, the court shall hear the parties, and if upon the hearing it appears that the premises of which possession is sought to be recovered are used for dwelling purposes; that the applicant cannot secure suitable premises for…
Mass. Gen. Laws ch. 239, § 11 Stay of proceedings; deposit of applicant
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Section 11. Such stay shall be granted and continue effective only upon the condition that the applicant shall make a deposit in court of the entire amount, or such instalments thereof from time to time, as the court may direct, for the occupation of the premises for the period o…
Mass. Gen. Laws ch. 239, § 12 Stay of proceedings; validity of waiver in lease
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Section 12. Any provision of a lease whereby a lessee or tenant waives the benefits of any provision of sections nine to thirteen, inclusive, shall be deemed to be against public policy and void.
Mass. Gen. Laws ch. 239, § 13 Stay of proceedings; costs
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Section 13. Costs recoverable under section three shall, in actions to which sections nine to eleven, inclusive, apply, include only legal costs covering actual disbursements and shall not include fictitious costs, so-called.
Mass. Gen. Laws ch. 239, § 14 Inspection of property for presence of abandoned animals
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Section 14. Not more than 3 days after a property owner or a lessor knew or should have known that a property has been vacated as a result of summary process, the property owner, lessor or a designee shall inspect the property for the presence of abandoned animals. If the propert…
Mass. Gen. Laws ch. 239, § 15 Action for summary process for nonpayment of rent; monthly report
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Section 15. (a) For the purposes of this section, ''emergency rental assistance'' shall, unless the context clearly requires otherwise, mean financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families …
Mass. Gen. Laws ch. 239, § 16 Eviction; petition to seal record; petition to access sealed record; consumer reporting agency; housing or credit screening applications; notice of satisfaction
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Section 16. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Consumer report'', a written, oral or other communication of any information by a consumer reporting agency bearing on a person…
Mass. Gen. Laws ch. 239, § 1A Land or tenements used for residential purposes; action by lessor under this chapter to recover possession; conditions and restrictions
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Section 1A. A lessor of land or tenements used for residential purposes may bring an action under this chapter to recover possession thereof before the determination of the lease by its own limitation, subject to the following conditions and restrictions. The tenancy of the premi…
Mass. Gen. Laws ch. 239, § 2 Jurisdiction; venue; form of writ
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Section 2. Such person may bring an action in the superior court in the county in which the land lies if the plaintiff seeks money damages and there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or such other amount as is ordere…
Mass. Gen. Laws ch. 239, § 2A Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
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Section 2A. It shall be a defense to an action for summary process that such action or the preceding action of terminating the tenant's tenancy, was taken against the tenant for the tenant's act of commencing, proceeding with, or obtaining relief in any judicial or administrative…
Mass. Gen. Laws ch. 239, § 3 Judgment and execution; costs; appeal
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Section 3. Except as hereinafter provided, if the court finds that the plaintiff is entitled to possession, he shall have judgment and execution for possession and costs, and, if rent is claimed as provided in section two and found due, the judgment and execution shall include th…
Mass. Gen. Laws ch. 239, § 4 Storage of property removed; notice of presence and condition of animals; liens and enforcement; penalties
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Section 4. (a) If an officer, serving an execution issued on a judgment for the plaintiff for possession of land or tenements, removes personal property, belonging to a person other than the plaintiff, from the land or tenements, he shall forthwith cause it to be stored for the b…
Mass. Gen. Laws ch. 239, § 5 Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision
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Section 5. (a) If either party appeals from a judgment of the superior court, a housing court, or a district court in an action under this chapter, including a judgment on a counterclaim, that party shall file a notice of appeal with the court within 10 days after the entry of th…
Mass. Gen. Laws ch. 239, § 6 Condition of bond in action for possession after foreclosure of mortgage; after purchase
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Section 6. If the action is for the possession of land after foreclosure of a mortgage thereon, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the l…
Mass. Gen. Laws ch. 239, § 6A Condition of bond after foreclosure of tax title
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Section 6A. If the action is for the possession of land after foreclosure of a tax title thereon, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the…
Mass. Gen. Laws ch. 239, § 7 Judgments; effect
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Section 7. The judgment in an action under this chapter shall not be a bar to any action thereafter brought by either party to recover the land or tenements in question, or to recover damages for any trespass thereon; but the amount recovered for rent under section five shall be …
Mass. Gen. Laws ch. 239, § 8 Three years quiet possession; effect
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Section 8. There shall be no recovery under this chapter of any land or tenements of which the defendant, his ancestors or those under whom he holds the land or tenements have been in quiet possession for three years next before the commencement of the action unless the defendant…
Mass. Gen. Laws ch. 239, § 8A Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
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Section 8A. In any action under this chapter to recover possession of any premises rented or leased for dwelling purposes, brought pursuant to a notice to quit for nonpayment of rent, or where the tenancy has been terminated without fault of the tenant or occupant, the tenant or …
Mass. Gen. Laws ch. 239, § 9 Stay of proceedings
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Section 9. In an action of summary process to recover possession of premises occupied for dwelling purposes, other than a room in a hotel, or a dwelling unit in a lodging house or rooming house wherein the occupant has maintained such occupancy for less than three consecutive mon…