When is eviction illegal?
Notas finales
In order to save money or get tenants out quickly, some landlords try to intimidate tenants or force them out of their apartments without going to court first. Others try to take shortcuts and hope that tenants do not know their rights. This section will tell you some of the most common ways that landlords illegally try to evict tenants.
Endnotes
5 . Lockouts are prohibited by G.L. c. 186, §§14 and 15F and G.L. c. 184, §18. They are also prohibited by the Attorney General's Consumer Protection Regulations, 940 C.M.R. §3.17(5). Under G.L. c. 186, §§14 and 15F, a landlord may be liable for triple damages or 3 months' rent (whichever is greater) plus costs and attorney's fees for a lockout. Lockouts are also a criminal offense under G.L. c. 186, §14. However, if a co-tenant has sought a lock change from the landlord for safety reasons under G.L. c. 186, §27, or if someone in your home has obtained a restraining order under G.L. c 209A which vacates you from the home, you could be legally barred from returning even if you landlord hasn’t evicted you yet.
9 . Manzaro v. McCann, 401 Mass. 880 (1988). The owner's retaliatory actions are not the basis for a lawsuit or counterclaim unless the tenant's complaints are in writing. Therefore, oral complaints to the owner cannot be the basis for retaliation.
11 .
An Act Relative to Housing Rights For Victims of Domestic Violence, Sexual Assault and Stalking:
- Allows Victims to Break a lease for safety reasons: G.L. c. 186, §24 allows a tenant or co-tenant to terminate a rental agreement and quit the premises upon written notification to the owner if a member of the household is a victim of domestic violence, rape, sexual assault, or stalking. Notification must be made within 3 months of the most recent violence or the tenant can terminate the rental agreement if a member of a tenant's household is reasonably in fear of imminent serious physical harm.
- Bars discrimination against prospective tenants because they have sought the protection of this law: G.L. c. 186, §25 provides that an owner shall not refuse to enter into a rental agreement, nor shall a housing provider deny assistance, based upon an applicant having terminated a tenancy under G.L. c. 186, §24 or requested a lock change under G.L. c. 186, §26.
- Requires landlords to change the locks when required for safety reasons: G.L. c. 186, §26 provides that an owner shall, upon the request of a tenant, co-tenant, or household member, change the locks if the tenant, co-tenant, or household member reasonably believes that such individual is under an imminent threat of domestic violence, rape, sexual assault, or stalking.
- Prohibits retaliation against tenants who seek protection against their abusers: The statute also explicitly amends G.L. c. 239, §2A to include, in “activity protected from reprisal,” taking action under G.L. c. 209A or G.L. c. 258E, seeking relief under the new act, reporting to a police officer or law enforcement an incident of domestic violence, rape, sexual assault, or stalking, or reporting a violation of an abuse prevention or anti-harassment order.
12 . To convince a court that a landlord is not retaliating against you, your landlord will have to show that she would have brought this eviction case against you at the same time and for the same reasons, whether or not you engaged in the protected activities. See G.L. c. 186, §18 and G.L. c. 239, §2A. But see Xiaobing Xin v. King, 87 Mass. App. Ct. 1126 (2015) (Rule 1:28 decision) (where the court found that there is no presumption built in to the counterclaim for retaliation under G.L. c. 186, §18 where the tenancy has been terminated for nonpayment of rent.).
14 . Gnerre v. Massachusetts Commission Against Discrimination, 402 Mass. 502 (1988)(tenants may establish discrimination in housing by demonstrating that a landlord subjected her to unsolicited sexual harassment which made the tenancy significantly less desirable to a reasonable person in the tenant’s position.)