Massachusetts Statutes

Section 8A. The justice as provided under section 1 of chapter 211B as the chief justice for the housing court department, in addition to his judicial powers and duties shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapt…

Section 8B. The deputy court administrator for the housing court department as provided under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court provided in section 3 of chapter 211, have the power, authority, and responsibilit…

Section 9. There shall be a clerk, appointed by the governor with the advice and consent of the council, for each of the housing courts. Said clerks shall hold office during good behavior, subject however, to retirement under the provisions of any general or special law relative …

Section 9A. The salaries of the clerks of the housing court department appointed under the provisions of section nine shall be 81.57 per cent of the salary of the chief justice of said department and shall be paid, subject to appropriation, by the commonwealth. The salaries of th…

Section 10. Debts for the rent of a dwelling house occupied by the debtor or his family shall be considered as claims for necessaries.

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…

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…

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…

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…

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…

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…

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 …

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…

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 …

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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…

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 …

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…

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 …

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…

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.

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 …

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.

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 …

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…

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.

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.

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.

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.

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…

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…

Section 1. (a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Bona fide lease or bona fide tenancy'', a lease or tenancy shall not be considered bona fide unless: (1) the mortgagor, or the child, …

Section 2. Notwithstanding any general or special law to the contrary, a foreclosing owner shall not evict a tenant except for just cause or unless a binding purchase and sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a for…

Section 3. Within 30 days of the foreclosure, the foreclosing owner shall post in a prominent location in the building in which the rental housing unit is located a written notice stating the names, addresses, telephone numbers and telephone contact information of the foreclosing…