Massachusetts Law About Eviction
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 covers evictions. Also available as an eBook!
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
- 105 CMR 410 State Sanitary Code - Minimum Standards of Fitness for Human Habitation
- 940 CMR 3.17(5) Unfair and Deceptive Acts by Landlord
- 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
- 24 CFR 247 Evictions from Certain Subsidized and HUD-Owned Projects
Applying for Emergency Assistance Shelter: A guide for families, Mass. Law Reform Institute and Rosie's Place, June 2014. 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.
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.
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.
Tenant at Sufferance. A tenant at sufferance is not entitled to a notice to quit (Margosian v. Markarian, 288 Mass. 197 (1934)) but is entitled to sufficient time to remove his property (Lash v. Ames, 171 Mass. 487 (1898)).
Handbook of Civil Procedure in the Mass. District Court, 4th ed., by Marc G. Perlin, Lawyers Weekly, 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.