Self-Help: Eviction. Mass. Trial Court
Guides you through evictions in Massachusetts, in a question and answer format
Provides an overview of the eviction process and a short video that covers tenants’ rights.
, 7th ed., Annette R. Duke, editor, Massachusetts Law Reform Institute, 2008, (Includes forms)
Just about the best book written on Massachusetts tenants' rights, chapter 13 covers evictions. Also available as an ebook .
Primary Eviction Law
Other Mass. Laws Relating to Eviction
MGL c. 121B, s.32
Evictions, Local Housing Authorities
MGL c. 139, s.19 Use of Premises for Illegal Activities, Voiding of Lease
MGL c. 184, s.18 Forcible Entry Forbidden
MGL c. 186, s.13 Recovery of Possession After Termination of Tenancy at Will
MGL c. 186, s.13A Tenants Deemed to be At Will Upon Foreclosure
MGL c. 186, s.14 Quiet Enjoyment Violation
MGL c.186A Tenants in Foreclosed Properties
42 USC 1437f
Tenants with Section Eight Certificates - Rights Prior to Eviction or Termination of Benefits
42 USC 13601-13643 Standards & Obligations of Residency in Federally Assisted Housing
PL 111-22 Protecting Tenants at Foreclosure Act of 2009
24 CFR 247 Evictions from Certain Subsidized and HUD-Owned Projects
Lenders Commercial Finance LLC v. Pestilli, et al
, Southeast Housing Court, Feb. 2, 2017.
A bank that purchased a home at foreclosure could not evict the former owners with just a 30-day notice to quit. "The Court finds that there is no evidence in this action that there was ever any agreement between the parties for the defendant to pay any rent to the plaintiff, or for any definite rental period. Accordingly, the court finds that G.L. c. 186, s.12 requires that the plaintiff terminate the defendant's tenancy at will by service of a 90 Day Notice to Quit for possession."
Meikle v. Nurse
, 474 Mass. 207 (2016)
The SJC held that "a violation of the security deposit statute... may be asserted as a defense to a landlord's possession in a summary process action under G. L. c. 239, § 1A" However, "The statute does not impose an obligatory tenancy on the landlord. Nothing in the statute prevents the landlord from bringing a second summary process action for possession after he or she has remedied the violation of the security deposit statute."
- Applying for Emergency Assistance Shelter: A guide for families
, Mass. Law Reform Institute and Rosie's Place, October 2015. Also available in Spanish
"Emergency Assistance is the shelter system for families in Massachusetts..." Pregnant women and families with children are eligible...You have to show you are homeless because of domestic violence, fire, flood or natural disaster, or certain kinds of eviction that were not your fault." There are several more requirements to be eligible. The guide explains these requirements and how to apply for shelter.
- The Eviction Process in Massachusetts
Reviews the timeline for Summary Process Eviction.
- Eviction Storage Law
, Mass. Legal Help, 2013
The eviction storage law provides "important rights to tenants who are facing an eviction or who have been evicted." Booklet includes who is covered by the law, storage company responsibilities, tenant's rights, and sample letters and forms.
- Representing Yourself in an Eviction
, Mass. Legal Help
The first of nine booklets on the eviction process for tenants, this one provides an overview of the steps required in representing yourself
- Tenant at Sufferance
A tenant at sufferance is not entitled to a notice to quit (Margosian v. Markarian , 299 Mass. 197 (1934)), but is entitled to sufficient time to remove his property ( Lash v. Ames , 171 Mass. 487 (1898))
- Tenant Defenses to Evictions in Massachusetts
Explains grounds for eviction as well as defenses.
- Handbook of Civil Procedure in the Mass. District Court , 4th ed., by Marc G. Perlin, Lawyers Weekly, 2009, chapter 14
- Massachusetts Landlord Survival Guide , 8th ed. by Philip S. Lapitin, Greater Boston Real Estate Board, 2012.
- Massachusetts Landlord Tenant Law , 2nd ed., by George Warshaw, Lexis, with supplement (Includes forms)
- Massachusetts Practice, vol. 33A (Landlord and Tenant) West Group, with supplement, chapter 16
- Massachusetts Real Estate , 3rd ed., by Robert Marzelli, Lexis, with supplement (Includes forms)
- Property Management Manual for Massachusetts Rental Owners , 6th ed., by H. John Fisher, HAP Housing, 2015.
- Residential and Commercial Landlord-Tenant Practice in Massachusetts , 3rd ed. MCLE, loose-leaf.
- Residential Landlord/Tenant Benchbook , Flaschner Judicial Institute, Inc., 2013
Last update: March 24, 2017