Best bet

Legal tactics, 8th ed., Annette R. Duke, editor, Massachusetts Law Reform Institute, 2018 (includes forms)
Just about the best book written on Massachusetts tenants' rights.

Massachusetts laws

MGL c.186 Landlord-tenant law

  • MGL c.186, §§ 23-29 Domestic violence
    Lets victims of domestic violence end a lease or get their locks changed.

MGL c. 93, § 114 Psychologically impacted properties
Sellers and brokers don't have to tell buyers or tenants about a murder or suicide in the house, or about ghosts or other paranormal activity. However, they can't lie if they are asked about it.

MGL c. 140 § 22 Lodging house 
A lodging house or boarding house is a house that rents out individual rooms to 4 or more people.

MGL c. 175 § 99 Clause 15th A
An insurance policy for a multi-unit apartment building must provide coverage up to a limit of $750 for each unit to cover the cost moving costs of any tenant who has to move because of a fire.

 

Massachusetts regulations

105 CMR 410 State sanitary code chapter II: minimum standards of fitness for habitation
Details all the key requirements for the property, including kitchens, bathrooms, electricity, ceiling height, and much more

105 CMR 410.400 Minimum square footage per person
Is your apartment big enough? Very detailed requirements for space per person.

940 CMR 3.17 Landlord-tenant [unfair and deceptive acts]
Specifies prohibited acts by landlords in the areas of conditions, notices, rental agreements, security deposits, evictions, and more. Subsection (6)(e) outlines when a landlord may enter the tenant's home.

Selected case law

Karaa v. Yim, 86 Mass. App. Ct. 714 (2014)
Discusses mitigation of damages, stating "who bears the burden at trial regarding the mitigation of damages within the landlord-tenant context is the subject of some uncertainty in Massachusetts." See footnote 10 in the case for an explanation of the uncertainty regarding burden of proof of mitigation of damages, with cites to various sources.

Nutt v. Florio, 75 Mass. App. Ct. 482 (2009)
Liability for bite by tenant's dog. A dog bite victim sued the landlord of the owner of the dog, a pit bull. The court stated that the pit bull is a breed "commonly known to be aggressive." "While the defendants may not be held strictly liable by virtue of Tiny's breed, knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles."

City of Worcester v. College Hill Properties, LLC, 465 Mass. 134 (2013)
Lodging houses. An apartment rented to 4 college students to share is not a lodging house.

Web sources

Bed bugs

Roommates

Other topics

Contact

Phone

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Within Massachusetts only

Online

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Address

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Last updated: September 19, 2019
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