Massachusetts Law About Eviction
Best Bets
Housing Court Frequently Asked Questions. Mass. Housing Court.
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 covers evictions.
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 State Sanitary Code - Minimum Standards of Fitness for Human Habitation
- 940 CMR 3.17(5) Unfair and Deceptive Acts by Landlord
Court Rules
Federal Laws
- 42 USC 1437f Tenants with Section Eight Certificates - Rights Prior to Eviction or Termination of Benefits (see interpretive note 14 in U.S.C.S.)
- 42 USC 13601-13643 Standards & Obligations of Residency in Federally Assisted Housing
- PL 111-22 Protecting Tenants at Foreclosure Act of 2009
Federal Regulations
- 24 CFR 247 Evictions from Certain Subsidized and HUD-Owned Projects
Forms
Other Web Sources
Eviction Storage Law, Mass. Legal Help. 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. Note: Does not include provisions of St.2010, c.393, effective March 16, 2011, which provides:
the term “warehouser or other storage facility” shall mean a public warehouse licensed and bonded pursuant to section 1 of chapter 105, located in the commonwealth and within a 20 mile radius of the land or tenements from which the personal property is removed.
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.
Secrets to a Successful Eviction for Landlords & Rental Property Managers: The Complete Guide to Evicting Tenants Legally & Quickly, Atlantic Publishing, 2009. Not specific to Massachusetts, covers things to consider and steps to take in an eviction. Requires Library Card for access.
Print Sources
Handbook of Civil Procedure in the Mass. District Court, 4th ed., by Marc G. Perlin, MCLE, 2009, chapter 14.
Handling Evictions in Housing and District Courts, MCLE, 2000 (Includes forms).
Massachusetts Landlord Tenant Law, 2nd ed., by George Warshaw, Lexis, 2001 with supplement (Includes forms).
Massachusetts Practice, vol. 33A (Landlord and Tenant) West Group, 2000 with supplement, chapter 16.
Massachusetts Real Estate, 3rd ed., by Robert Marzelli, Lexis, 2005 with supplement (Includes forms).
Residential Landlord/Tenant Benchbook, rev. ed., Flaschner Judicial Institute, Inc., 2005.