Massachusetts Housing Law Resources

The Uniform Rules of Summary Process govern eviction proceedings in Massachusetts Housing Court and District Court. These rules establish the framework for how landlord-tenant disputes are resolved when possession of property is at issue.

Key Provisions

Summary process is designed to provide a swift resolution to possession disputes while protecting tenant rights. The rules specify exact timelines for each stage of the process, from initial notice through trial and appeal.

Rule 2 establishes that a summary process action begins with service of a summons and complaint, which must be served at least seven days before the answer date (or ten days if the tenancy is under written lease). The notice-to-quit period varies depending on the type of tenancy and reason for eviction.

Answer and Discovery Requirements

Tenants must file an answer on or before the answer date specified in the summons. Rule 3 permits the court to enter default judgment if no answer is filed. Discovery in summary process cases is limited compared to standard civil litigation, reflecting the expedited nature of these proceedings.

Trial and Execution

Rule 9 governs the trial process, which typically occurs within two to four weeks of the answer date. If judgment is entered for the plaintiff landlord, Rule 13 controls the execution (eviction) process, including stays of execution and appeals.

Official Resources

The complete text of the Uniform Rules of Summary Process can be accessed through the Massachusetts Trial Court website. These rules are regularly updated, and practitioners should always consult the most current version.

Official Source: Massachusetts Trial Court - Uniform Rules of Summary Process

The State Sanitary Code, codified at 105 CMR 410, sets forth the minimum standards of fitness for human habitation for all residential premises in Massachusetts. This regulation is enforced by local boards of health and creates substantive rights for tenants regarding housing conditions.

Structural Requirements

410.500 establishes structural standards requiring that all foundations, floors, walls, ceilings, roofs, and other structural elements must be reasonably weathertight, watertight, rodent-proof, and maintained in good repair. These requirements form the basis for many habitability claims.

Heating and Utility Standards

Perhaps the most frequently cited provision, 410.201 requires that every habitable room must be provided with adequate heat. During the heating season (September 16 through June 14), heating facilities must maintain a temperature of at least 68°F from 7:00 AM to 11:00 PM, and at least 64°F from 11:01 PM to 6:59 AM.

410.190 requires hot water with a minimum temperature of 110°F at the tap, available 24 hours per day. Cold water must also be available at all times. These requirements cannot be waived by lease provisions.

Sanitation and Maintenance

410.600 establishes sanitation requirements, including proper trash removal, pest control, and cleanliness standards. Landlords bear primary responsibility for common areas, while tenants are responsible for the interior of their units, subject to the landlord's obligation to maintain in good repair.

Lead Paint Requirements

410.100 incorporates extensive lead paint notification and abatement requirements. Landlords must notify tenants of known lead paint hazards and, in units where children under six reside, must either delead the premises or maintain interim lead control measures.

Enforcement and Remedies

Tenants can report violations to their local board of health, which has authority to inspect and order corrections. Housing Court also has jurisdiction to enforce Sanitary Code violations in the context of summary process actions or other housing disputes.

Official Source: Massachusetts Executive Office of Health and Human Services - 105 CMR 410

940 CMR 3.17, promulgated by the Massachusetts Attorney General under authority of G.L. c. 93A (the Consumer Protection Act), specifically addresses unfair and deceptive practices in the rental housing market. Violations of these regulations constitute per se violations of Chapter 93A.

Scope and Application

These regulations apply to all persons who engage in the business of renting or offering to rent residential property in Massachusetts. The definition is broad and includes landlords, property managers, real estate agents, and others involved in the rental process.

Prohibited Practices

940 CMR 3.17(3) enumerates specific unfair or deceptive acts that are prohibited, including:

Security Deposit Violations: Failure to comply with G.L. c. 186, §15B regarding security deposits is explicitly deemed unfair. This includes failing to provide a proper receipt, failing to hold deposits in a separate interest-bearing account, and failing to provide required documentation.

False or Misleading Statements: Making any statement of fact that is untrue, misleading, or deceptive regarding rental property or the terms of a rental agreement constitutes a violation. This includes misrepresentations about the condition of the property, availability of utilities, or lease terms.

Unfair Lease Provisions: Including provisions in a lease that require tenants to waive rights established by law or regulation is prohibited. Common examples include clauses waiving the warranty of habitability or requiring tenants to pay for repairs that are the landlord's responsibility.

Chapter 93A Remedies

Because violations of 940 CMR 3.17 constitute Chapter 93A violations, tenants have powerful remedies available. After providing proper demand notice (30 days for tenants, longer for landlords), aggrieved parties may sue for actual damages.

If a court finds that a violation was willful or knowing, it may award double or treble damages. Additionally, prevailing plaintiffs are entitled to reasonable attorney's fees and costs, making these claims viable even for modest damages.

Practical Implications

Landlords should be meticulous about compliance with security deposit laws, accurate property representations, and fair lease terms. Even technical violations can expose landlords to significant liability under Chapter 93A's damages multipliers and fee-shifting provisions.

Official Source: Massachusetts Attorney General - 940 CMR 3.17

Massachusetts General Laws Chapter 186 contains the primary statutory provisions governing landlord-tenant relationships in the Commonwealth. This chapter establishes fundamental rights and obligations that cannot be waived by lease provisions.

Section 14: Tenant's Right of Quiet Enjoyment

G.L. c. 186, §14 provides that tenants have the right to quiet enjoyment of their premises, free from serious interference by the landlord. Violations of this right, such as lockouts, utility shutoffs, or removal of tenant possessions, can result in substantial damages including three months' rent or actual damages (whichever is greater), plus attorney's fees and costs.

Section 15B: Security Deposit Requirements

This section imposes strict requirements on landlords regarding security deposits. Key provisions include:

Landlords may collect no more than the first month's rent, last month's rent, a security deposit equal to one month's rent, and the cost of a new lock and key. Any additional charges violate the statute.

Security deposits must be held in a separate, interest-bearing account in a Massachusetts bank. Within 30 days of receiving the deposit, the landlord must provide the tenant with a receipt showing the bank name, account number, and amount deposited.

The landlord must also provide a statement of condition (describing the apartment's condition) at the beginning of the tenancy. Failure to provide this document can result in forfeiture of the right to withhold any portion of the security deposit for damages.

Within 30 days of the tenancy ending, the landlord must return the security deposit with accrued interest, or provide an itemized list of deductions with documentation.

Section 15D: Last Month's Rent Interest

Landlords who collect last month's rent must pay 5% annual interest on that amount, payable yearly or at the end of the tenancy. This provision is frequently overlooked but strictly enforced.

Section 19: Access and Entry

Landlords may enter a tenant's premises only with consent or in emergencies. For non-emergency inspections or repairs, landlords typically must provide reasonable notice (usually 24 hours, though the statute doesn't specify a time period).

Section 24: Eviction Procedures

This section establishes that landlords cannot evict tenants through self-help measures. Eviction must proceed through the court system via summary process. Violations can result in criminal penalties and civil damages.

Warranty of Habitability (Common Law)

While not explicitly codified in Chapter 186, Massachusetts courts have established an implied warranty of habitability in all residential leases. This warranty requires landlords to maintain premises that are fit for human habitation and comply with applicable health and safety codes, including the State Sanitary Code.

Official Source: Massachusetts General Laws - Chapter 186

Massachusetts General Laws Chapter 239 provides the statutory basis for summary process—the legal procedure by which landlords seek to regain possession of property from tenants. This chapter works in conjunction with the Uniform Rules of Summary Process to govern eviction proceedings.

Section 1: Grounds for Summary Process

Summary process may be maintained only for specific reasons enumerated in the statute, including: nonpayment of rent, expiration of a lease term, tenant-at-will whose tenancy has been terminated by proper notice, violation of lease covenants, or other circumstances specified by law.

Section 2: Notice Requirements

Before commencing a summary process action, landlords must provide proper notice to quit (also called a notice to terminate tenancy). The type and duration of notice depends on the tenancy type and reason for termination:

For Nonpayment of Rent: 14-day notice to quit is required, giving the tenant 14 days to pay the rent or vacate.

For Tenancies at Will: At least 30 days' notice (or a full rental period, whichever is longer) is required to terminate a tenancy at will, even without cause.

For Lease Violations: 30 days' notice may be required for curable lease violations, while 7 days may suffice for serious violations.

Section 3: Commencement of Action

After the notice period expires, the landlord may file a summary process complaint in the appropriate court (typically Housing Court or District Court). The summons must be served at least 7 days before the answer date (10 days for written leases under certain circumstances).

Section 8A: Discovery Stay

This section allows tenants to obtain an automatic stay of the case for up to 10 days for discovery purposes by filing an affidavit establishing good cause. This provision helps level the playing field when tenants need time to gather evidence.

Section 9: Judgment and Execution

If judgment is entered for the landlord, the court issues an execution (eviction order). However, execution cannot issue until at least 10 days after judgment is entered, giving the tenant time to file an appeal or motion to stay.

The court may stay execution for up to 12 months if the tenant can show that they have appealed or that equity requires additional time, and if the tenant continues to pay use and occupancy (essentially rent) into court.

Defenses and Counterclaims

Tenants may assert various defenses in summary process, including: improper notice, breach of warranty of habitability, retaliation, discrimination, or failure to mitigate damages. Tenants may also assert counterclaims for violations of security deposit law, quiet enjoyment, or other statutory violations.

Appeals

Either party may appeal a summary process judgment to a jury trial in Superior Court by filing an appeal within 10 days and posting the required bond (for tenants) or cash (for landlords). This right to a jury trial is an important protection for both parties.

Official Source: Massachusetts General Laws - Chapter 239