Contents

Best Bets

Massachusetts Laws

Massachusetts Regulations

Federal Laws

Federal Regulations

Forms

Selected Cases

Web Sources

Print Sources


Best Bets

Self-Help: Eviction. Mass. Trial Court
Guides you through evictions in Massachusetts, in a question and answer format

Legal Tactics , 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 links to PDF file covers evictions. Also available as an ebook .

Massachusetts Laws

Primary Eviction Law

MGL c. 239 Summary Process for Possession of Land. See also, St.2010, c.393 amending MGL c.239, s.4(a), clarifying the requirements for storage facilities.

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

Massachusetts Regulations

105 CMR 410 pdf format of 105 CMR 410
State Sanitary Code - Minimum Standards of Fitness for Human Habitation
940 CMR 3.17(5) pdf format of 940 CMR 3.17(5)
Unfair and Deceptive Acts by Landlord

Federal Laws

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 links to PDF file Protecting Tenants at Foreclosure Act of 2009

Federal Regulations

24 CFR 247 Evictions from Certain Subsidized and HUD-Owned Projects

Court Rules

Uniform Rules of Summary Process

Forms

Landlord/Tenant Forms

Selected Cases

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."

Web Sources

  • Applying for Emergency Assistance Shelter: A guide for families links to PDF file , Mass. Law Reform Institute and Rosie's Place, October 2015. Also available in Spanish links to PDF file .
    "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.
  • 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 links to PDF file , 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))

Print Sources


Last update: June 17, 2016

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