There are both federal and state courts in Massachusetts. Typical landlord-tenant matters can be addressed in state court. The Massachusetts state court system has 3 levels:
- Trial courts
- Appeals courts
- Supreme Judicial Court
The trial court is where most cases start when someone files a complaint. In Massachusetts, the state trial court system has different types of courts including the:
- Housing Court
- District Court
- Boston Municipal Court (BMC)
- Superior Court
What court you choose depends on where you live, what the case is about, and how much money the case involves. Most housing cases are filed in either housing or district court. Your area may not have access to both. In general, housing court is an advantageous option because you'll find the judges and staff have more knowledge about housing issues.
a. The Housing Court
Housing courts handle a variety of issues about housing, including housing code violations, evictions, lockouts, housing discrimination, and receiverships. Housing courts also handle small claims and criminal complaints.1 In most cases, the staff in a housing court will be well-informed on landlord-tenant issues, so it is recommended that you choose a housing court over a district court when both are available.
Housing courts are available in every part of Massachusetts. Currently, there are 6 housing courts:
- Eastern Housing Court
- Central Housing Court
- Northeast Housing Court
- Southeast Housing Court
- Metro South Housing Court
- Western Housing Court
Each of these housing courts also holds sessions in different locations within their area. See the online list of all of the locations where the court has a session. Phone numbers for housing courts are listed in the Directory.
The Housing Court also has a website with forms, contact information, special housing court resources, fees, and frequently asked questions. See the Housing Court website.
b. The District Court
District courts have the greatest number of locations throughout the state. Districts courts handle minor criminal offenses, civil cases under $25,000, eviction cases, and small claims cases (for $7,000 or less).2
For a list of district courts, see the Directory. For more information, see the District Court website.
c. Superior Court
Superior courts handle criminal cases and civil cases over $25,000. They also handle appeals of certain agency proceedings.
d. Boston Municipal Court
The Boston Municipal Court serves the City of Boston and generally functions like a district court. It handles minor criminal offenses, civil cases under $25,000, eviction cases, and small claims cases (for $7,000 or less). Because housing court coverage overlaps with Boston Municipal Court, you may want to choose the Boston Housing Court for landlord-tenant matters. For a list of Boston Municipal Courts, see the Directory or visit the Boston Municipal Court website.
e. Bankruptcy Court (Landlord Bankruptcy)
If your landlord has a bankruptcy case in progress, you cannot bring a lawsuit against them in housing or district court.3 If you want your complaint heard by a judge, you must go before the U.S. Bankruptcy Court in the District of Massachusetts. You can ask the bankruptcy court to hear your complaint. Or you can ask the bankruptcy court for permission to have your case heard in housing or district court.
If you are trying to get back your security deposit, Massachusetts law says that a security deposit is not part of your landlord's property for the purposes of a bankruptcy proceeding. This means that the landlord cannot use your security deposit to pay off other debts. If they do this is illegal.4
If you had security deposit claim against your landlord before the landlord files a bankruptcy case, you can file court papers in the bankruptcy court and ask the bankruptcy court to protect your claim. This means that the landlord cannot use the bankruptcy case to get out of owing you your security deposit.5
If your security deposit claim arises after the landlord starts a bankruptcy case, you can either wait to raise the claim until after the bankruptcy case is over or ask the bankruptcy court for permission to bring the case outside of the bankruptcy court by filing what is called a “motion for relief from stay.”
To see if your landlord has declared bankruptcy, you can call the bankruptcy court in Boston (617-748-5300), Worcester (508-770-8900) or Springfield (413-785-6900). The U.S. Bankruptcy Court is part of the federal court system. For more information, see the Massachusetts Bankruptcy Court website.
The court system provides a number of resources to help you learn the law and better represent yourself in court.
a. Court Service Centers
Court Service Centers are set up in larger courthouses. They are open the same hours as the court. You can walk in and get help filing out forms, information about court rules, and access to interpreter services. They are currently located at the following locations:
- Boston: Edward Brooke Courthouse
- Greenfield: Franklin County Courthouse
- Lawrence: Fenton Judicial Center
- Brockton: George Covett Courthouse
- Springfield: Springfield Hall of Justice
- Worcester: Worcester Trial Court Complex
- Lowell: Lowell Justice Center
- Taunton: Taunton Trial Court Complex
For more information visit the Court Service Centers website.
b. Lawyer for the Day Programs
Most housing court locations and some district courts have Lawyer for the Day programs. Lawyer for the Day programs provide legal advice, help completing forms, and sometimes limited representation. They provide help for both unrepresented tenants and landlords. You must be income-eligible to receive assistance. Call your nearest courthouse for days and hours or ask the clerk in the courthouse if there is a Lawyer for the Day Program. Bring all documents and arrive early so that you have time to get help.
c. Trial Court Law Libraries
The Massachusetts Trial Court Law Libraries are great resources and open to the public. You do not need to be a lawyer. Librarians are there to help you with questions.
You can find laws, regulations, local ordinances, forms, and much more online at Trial Court Law Libraries.
The Trial Court Law Library also has a service where you can “Ask a Law Librarian” a question. You can email, call, or text message. For more about this service visit Mass.gov's Ask a Law Librarian.
There are 15 law libraries located throughout Massachusetts. For a list go to the Directory in this book or see Trial Court Law Library Locations.
d. Language Access
Interpreters
If it is hard for you to understand or speak English, you have the right to an interpreter in court.6 It does not matter what your native language is. The court is supposed to give you a free interpreter.
Call the court clerk ahead of time to tell the court clerk you need an interpreter. You can ask for an interpreter when you get to court, but it is better to ask ahead of time.
For a Spanish language interpreter email a request to: [email protected]
For interpreters for other languages email a request to: [email protected]
Also, each court has a special clerk called a "Court Liaison" who requests interpreters. For the names and phone numbers of Court Liaisons ask the Clerk’s office, or see Massachusetts Trial Court Interpreters Public Release Roster.
For more general information about court interpreter services visit the Trial Court Office of Language Access Documents and Forms.
Translated Forms
The courts have translated some forms. You can download translated forms on the state's website.
MassLegalHelp has also translated legal information into different languages. See the E-Books and Forms page.
e. Court Forms
Using forms is one of the best ways that people without lawyers can help themselves in a court case. You can find forms online, at the court house, and at local legal services offices and community organizations. To find legal forms related to housing go to:
- Massachusetts Trial Court has forms online by subject area.
- MassLegalHelp has self-help housing forms and sample letters. See eviction related forms here.
a. Judges
Judges rule on what procedures to follow, what evidence is acceptable, and how the law applies to your case. They hear motions and trials. When making decisions, judges interpret the law. Judges are appointed by the governor. They must retire at age 70.7
Judges are faced with the difficult job of making very important decisions that affect people's lives. They have to hear a lot of cases, one after the other, often under high-pressure conditions. Judges also have different temperaments and interpret the laws differently.
Judges must be neutral. You must not expect a judge to be your advocate. To put yourself in the best position to be heard by a judge, come prepared. Know what your legal claims are and bring key documents and evidence to prove your claims. When you present your case, be brief. Judges appreciate when people get to the point. If you ramble and are not prepared, the judge might not understand your key points.
b. Clerk-Magistrates
Clerk-magistrates in district, housing, and superior courts are judicial officers charged with organizing and sometimes conducting court business. Their job is to call cases to be heard, locate files, make routine fee waiver decisions, conduct certain kinds of hearings, and otherwise assist the judge. Oftentimes, clerk-magistrates serve as a judge in small claims matters such as security deposit complaint. In the courtroom, the clerk magistrate usually sits in front of or next to the judge. You may ask the clerk to explain court procedures. However, clerk-magistrates are not permitted to give legal advice.
c. Housing Specialists
Housing specialists work only in the housing court. Their primary function is to mediate cases. Their job is to be neutral and listen to both parties. In some courts, they also go out to properties to inspect them. They work closely with the other court personnel to resolve housing problems.
d. Court Officers
Court officers are the uniformed officers responsible for keeping order in the court. They open and close each court session with the familiar "all rise."
In general, court records are public documents and are available for public access during normal business hours.8 A new law was signed in August 2024 providing that tenants can seal their eviction records in certain types of cases and in certain situations.9 That law goes into effect in May 2025. For more information about sealing eviction records see Eviction Record Sealing Basics and Chapter 2: Tenant Screening.
If you want to see your court record, go to the clerk’s office in the court where your file is kept. Court staff may ask you to fill out a form. If they do, you will need to give the name of your case and the docket number for the case. If you do not know the docket number, give the clerk the name of the case and ask them for the docket number.
You can often view publicly available information and documents connected to your case online at Mass Courts. If you see that there is a clerical error, use Error Correction Form (Booklet 12). Your courthouse should also have computer kiosks that you can use to access the same information through Mass Courts. You can refer to this information when requesting documents from the clerk. There is no fee to use a court computer kiosk, but it does not provide any more information than you can get online.
You are allowed to make copies of any documents in the court’s file. The court clerk must allow members of the public to use personal electronic devices, such as a camera or a cell phone, to take still images, or make copies, of records.10
Courts will also likely allow you to bring in a small scanner to copy documents.
You have the right to be treated fairly and to be treated with dignity and respect by all Trial Court employees. If you feel that a judge, clerk, court officer, or any court employee treated you differently or poorly because of your age, gender identity, sexual orientation, sex, religion or beliefs, national origin, color, military or veteran status, disability or because you requested a reasonable accommodation, you can contact the Trial Court Office of Workplace Rights and Compliance (OWRC).
OWRC tracks and investigates allegations of misconduct by court employees such as harassment, discrimination and retaliation. When you share your experience with OWRC, you do not need to provide your name. Together with OWRC, you can decide how best to address the incident and what next steps to take. You do not have to pursue a full complaint. You can remain anonymous depending on what you want to happen in the case.
If the OWRC finds that the misconduct may have occurred, they can take action to remedy the situation and to prevent it from happening again. OWRC uses the information they get from reports and complaints to issue reports, track patterns, and identify places for trainings.
For more information see Mass.gov's About the Trial Court Office of Workplace Rights & Compliance.
You can report an incident or file a complaint through a hotline, online complaint form, email or in person.
- Hotline: 617-878-0411
- Email: [email protected]
- Online Complaint Form
a. The Housing Court
Housing courts handle a variety of issues about housing, including housing code violations, evictions, lockouts, housing discrimination, and receiverships. Housing courts also handle small claims and criminal complaints.1 In most cases, the staff in a housing court will be well-informed on landlord-tenant issues, so it is recommended that you choose a housing court over a district court when both are available.
Housing courts are available in every part of Massachusetts. Currently, there are 6 housing courts:
- Eastern Housing Court
- Central Housing Court
- Northeast Housing Court
- Southeast Housing Court
- Metro South Housing Court
- Western Housing Court
Each of these housing courts also holds sessions in different locations within their area. See the online list of all of the locations where the court has a session. Phone numbers for housing courts are listed in the Directory.
The Housing Court also has a website with forms, contact information, special housing court resources, fees, and frequently asked questions. See the Housing Court website.
b. The District Court
District courts have the greatest number of locations throughout the state. Districts courts handle minor criminal offenses, civil cases under $25,000, eviction cases, and small claims cases (for $7,000 or less).2
For a list of district courts, see the Directory. For more information, see the District Court website.
c. Superior Court
Superior courts handle criminal cases and civil cases over $25,000. They also handle appeals of certain agency proceedings.
d. Boston Municipal Court
The Boston Municipal Court serves the City of Boston and generally functions like a district court. It handles minor criminal offenses, civil cases under $25,000, eviction cases, and small claims cases (for $7,000 or less). Because housing court coverage overlaps with Boston Municipal Court, you may want to choose the Boston Housing Court for landlord-tenant matters. For a list of Boston Municipal Courts, see the Directory or visit the Boston Municipal Court website.
e. Bankruptcy Court (Landlord Bankruptcy)
If your landlord has a bankruptcy case in progress, you cannot bring a lawsuit against them in housing or district court.3 If you want your complaint heard by a judge, you must go before the U.S. Bankruptcy Court in the District of Massachusetts. You can ask the bankruptcy court to hear your complaint. Or you can ask the bankruptcy court for permission to have your case heard in housing or district court.
If you are trying to get back your security deposit, Massachusetts law says that a security deposit is not part of your landlord's property for the purposes of a bankruptcy proceeding. This means that the landlord cannot use your security deposit to pay off other debts. If they do this is illegal.4
If you had security deposit claim against your landlord before the landlord files a bankruptcy case, you can file court papers in the bankruptcy court and ask the bankruptcy court to protect your claim. This means that the landlord cannot use the bankruptcy case to get out of owing you your security deposit.5
If your security deposit claim arises after the landlord starts a bankruptcy case, you can either wait to raise the claim until after the bankruptcy case is over or ask the bankruptcy court for permission to bring the case outside of the bankruptcy court by filing what is called a “motion for relief from stay.”
To see if your landlord has declared bankruptcy, you can call the bankruptcy court in Boston (617-748-5300), Worcester (508-770-8900) or Springfield (413-785-6900). The U.S. Bankruptcy Court is part of the federal court system. For more information, see the Massachusetts Bankruptcy Court website.
The court system provides a number of resources to help you learn the law and better represent yourself in court.
a. Court Service Centers
Court Service Centers are set up in larger courthouses. They are open the same hours as the court. You can walk in and get help filing out forms, information about court rules, and access to interpreter services. They are currently located at the following locations:
- Boston: Edward Brooke Courthouse
- Greenfield: Franklin County Courthouse
- Lawrence: Fenton Judicial Center
- Brockton: George Covett Courthouse
- Springfield: Springfield Hall of Justice
- Worcester: Worcester Trial Court Complex
- Lowell: Lowell Justice Center
- Taunton: Taunton Trial Court Complex
For more information visit the Court Service Centers website.
b. Lawyer for the Day Programs
Most housing court locations and some district courts have Lawyer for the Day programs. Lawyer for the Day programs provide legal advice, help completing forms, and sometimes limited representation. They provide help for both unrepresented tenants and landlords. You must be income-eligible to receive assistance. Call your nearest courthouse for days and hours or ask the clerk in the courthouse if there is a Lawyer for the Day Program. Bring all documents and arrive early so that you have time to get help.
c. Trial Court Law Libraries
The Massachusetts Trial Court Law Libraries are great resources and open to the public. You do not need to be a lawyer. Librarians are there to help you with questions.
You can find laws, regulations, local ordinances, forms, and much more online at Trial Court Law Libraries.
The Trial Court Law Library also has a service where you can “Ask a Law Librarian” a question. You can email, call, or text message. For more about this service visit Mass.gov's Ask a Law Librarian.
There are 15 law libraries located throughout Massachusetts. For a list go to the Directory in this book or see Trial Court Law Library Locations.
d. Language Access
Interpreters
If it is hard for you to understand or speak English, you have the right to an interpreter in court.6 It does not matter what your native language is. The court is supposed to give you a free interpreter.
Call the court clerk ahead of time to tell the court clerk you need an interpreter. You can ask for an interpreter when you get to court, but it is better to ask ahead of time.
For a Spanish language interpreter email a request to: [email protected]
For interpreters for other languages email a request to: [email protected]
Also, each court has a special clerk called a "Court Liaison" who requests interpreters. For the names and phone numbers of Court Liaisons ask the Clerk’s office, or see Massachusetts Trial Court Interpreters Public Release Roster.
For more general information about court interpreter services visit the Trial Court Office of Language Access Documents and Forms.
Translated Forms
The courts have translated some forms. You can download translated forms on the state's website.
MassLegalHelp has also translated legal information into different languages. See the E-Books and Forms page.
e. Court Forms
Using forms is one of the best ways that people without lawyers can help themselves in a court case. You can find forms online, at the court house, and at local legal services offices and community organizations. To find legal forms related to housing go to:
- Massachusetts Trial Court has forms online by subject area.
- MassLegalHelp has self-help housing forms and sample letters. See eviction related forms here.
a. Judges
Judges rule on what procedures to follow, what evidence is acceptable, and how the law applies to your case. They hear motions and trials. When making decisions, judges interpret the law. Judges are appointed by the governor. They must retire at age 70.7
Judges are faced with the difficult job of making very important decisions that affect people's lives. They have to hear a lot of cases, one after the other, often under high-pressure conditions. Judges also have different temperaments and interpret the laws differently.
Judges must be neutral. You must not expect a judge to be your advocate. To put yourself in the best position to be heard by a judge, come prepared. Know what your legal claims are and bring key documents and evidence to prove your claims. When you present your case, be brief. Judges appreciate when people get to the point. If you ramble and are not prepared, the judge might not understand your key points.
b. Clerk-Magistrates
Clerk-magistrates in district, housing, and superior courts are judicial officers charged with organizing and sometimes conducting court business. Their job is to call cases to be heard, locate files, make routine fee waiver decisions, conduct certain kinds of hearings, and otherwise assist the judge. Oftentimes, clerk-magistrates serve as a judge in small claims matters such as security deposit complaint. In the courtroom, the clerk magistrate usually sits in front of or next to the judge. You may ask the clerk to explain court procedures. However, clerk-magistrates are not permitted to give legal advice.
c. Housing Specialists
Housing specialists work only in the housing court. Their primary function is to mediate cases. Their job is to be neutral and listen to both parties. In some courts, they also go out to properties to inspect them. They work closely with the other court personnel to resolve housing problems.
d. Court Officers
Court officers are the uniformed officers responsible for keeping order in the court. They open and close each court session with the familiar "all rise."
In general, court records are public documents and are available for public access during normal business hours.8 A new law was signed in August 2024 providing that tenants can seal their eviction records in certain types of cases and in certain situations.9 That law goes into effect in May 2025. For more information about sealing eviction records see Eviction Record Sealing Basics and Chapter 2: Tenant Screening.
If you want to see your court record, go to the clerk’s office in the court where your file is kept. Court staff may ask you to fill out a form. If they do, you will need to give the name of your case and the docket number for the case. If you do not know the docket number, give the clerk the name of the case and ask them for the docket number.
You can often view publicly available information and documents connected to your case online at Mass Courts. If you see that there is a clerical error, use Error Correction Form (Booklet 12). Your courthouse should also have computer kiosks that you can use to access the same information through Mass Courts. You can refer to this information when requesting documents from the clerk. There is no fee to use a court computer kiosk, but it does not provide any more information than you can get online.
You are allowed to make copies of any documents in the court’s file. The court clerk must allow members of the public to use personal electronic devices, such as a camera or a cell phone, to take still images, or make copies, of records.10
Courts will also likely allow you to bring in a small scanner to copy documents.
You have the right to be treated fairly and to be treated with dignity and respect by all Trial Court employees. If you feel that a judge, clerk, court officer, or any court employee treated you differently or poorly because of your age, gender identity, sexual orientation, sex, religion or beliefs, national origin, color, military or veteran status, disability or because you requested a reasonable accommodation, you can contact the Trial Court Office of Workplace Rights and Compliance (OWRC).
OWRC tracks and investigates allegations of misconduct by court employees such as harassment, discrimination and retaliation. When you share your experience with OWRC, you do not need to provide your name. Together with OWRC, you can decide how best to address the incident and what next steps to take. You do not have to pursue a full complaint. You can remain anonymous depending on what you want to happen in the case.
If the OWRC finds that the misconduct may have occurred, they can take action to remedy the situation and to prevent it from happening again. OWRC uses the information they get from reports and complaints to issue reports, track patterns, and identify places for trainings.
For more information see Mass.gov's About the Trial Court Office of Workplace Rights & Compliance.
You can report an incident or file a complaint through a hotline, online complaint form, email or in person.
- Hotline: 617-878-0411
- Email: [email protected]
- Online Complaint Form
G.L. c. 218. District courts have broad equity powers in landlord and tenant cases. G.L. c. 186, §14. District courts also have an Appellate Division that hears certain limited appeals. G.L. c. 231, §§108-110.
11 U.S.C. §362 provides that once a petition for bankruptcy has been filed, all actions already filed prior to the petition or which may be filed in the future are stayed.
“A security deposit shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the lessor, and shall not be subject to the claim of any creditor of the lessor or of the lessor’s successor in interest, including a foreclosing mortgagee or trustee in bankruptcy.” G.L. 186 § 15B(1)(e). If a landlord invades the account where your security deposit is held and dissipates the security deposit, the landlord cannot be discharged from the debt based on fraud or misappropriation or in bankruptcy terms “defalcation.” 11 U.S.C. § 523(a)(4).
If the tenant has a prepretition claim against the landlord that is based on fraud, false pretenses, or willful and malicious injuries, they should raise the claim in bankruptcy court by filing an adversary proceeding to determine that the debt is nondischargeable. 11 U.S.C. 523(a)(2).
Mass. Const., Pt. 2, Ch. III, art. 1. After retiring at age 70, a judge may still be assigned to hear cases, as long as no one assignment lasts longer than 90 days. Mass. Const. Art. of Amend., art. XCVIII; G.L. c. 211B, §14.
For rules about public access to court documents, see Trial Court Rule XIV, Uniform Rules on Public Access to Court Records, Rule 2.
Chapter 150 of the Acts of 2024, Section 52 and Section 28.