Legal FAQs for Renters in Massachusetts

Contact a legal help organization or the Housing Court clerk's office to help defend yourself.

It is illegal for your landlord to evict you without first going to court and getting an eviction order. To remove you from your home, a landlord must take you to court by filing an eviction lawsuit, win the case, and getting an eviction order from the court.

Legal aid groups might be able to provide you with full representation, or other legal organizations can give you information or brief advice.

Find legal help to protect your rights.

You may be able to break your lease if you can come to an agreement with your landlord.

You can talk to your landlord to see if they will agree to let you leave early. If they agree, be sure to get the agreement in writing.

Also, you can review your lease. It may have a part that lets you end the lease early in times of financial difficulty. If your lease has this kind of part, you might be able to break the lease (in some cases penalty-free), though, in Massachusetts, your landlord may be able to recover attorney's fees.

Find legal help to get advice for your situation.

Tell your landlord about any repairs needed, particularly if they affect your health and safety.

Emergency repairs could be for problems with:

• Running water or hot water

• Heat

• Stove, refrigerator, or oven

• Electricity

• Bathroom use

• Missing doors, locks, or windows

• Pests

If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs (and keep a copy of this communication).

Reach out for legal help for additional guidance.

Many local Rental Assistance programs are open to everyone, regardless of immigration status. Many programs do not even ask about immigration status.

Check with your local Rental Assistance program to make sure about eligibility rules and immigration. ****

Local governments set the rules about who is eligible for rent relief. Most programs focus on people who have suffered COVID-19 hardships.

You can talk to your local Rental Assistance program to learn their eligibility rules.

You may have to show your household income, or if you are on other benefits programs like SNAP.

You may also have to show that you are at risk of homelessness or eviction if you don't get rental assistance.

Check with your local Rental Assistance program to see if you are eligible.

If you are behind on rent, you can get help from your local Rental Assistance program. This is a government service to help people who owe rent or utility bills.

Especially if you are behind on rent because of COVID-19 hardships, your local Rental Assistance (or Rent Relief) program can help you.

Find your local Rental Assistance program at your Get Help page here.

Most Rental Assistance programs let landlords apply.

Either a renter or a landlord can start the application.

The landlord will have to fill in as much information they have about the amount of money needed, and the eligibility for the program. The tenant may have to fill in the rest of the information.

Check with your local Rental Assistance program about the steps to follow to apply for rent relief.

Since emergency protections expired, then for renters in Massachusetts:

1. Your landlord may give you a notice to quit.

2. Your landlord may file an eviction claim in court against you.

3. Hearings on eviction will happen in court.

4. The court may issue a new order, judgment, or writ of eviction against you.

5. An existing eviction order may be enforced against you.

Massachusetts no longer has a statewide emergency eviction ban for renters.

Check with your local government if you have any additional protections. Renters in Boston had special eviction protections, but they expired in 2022. Check with the Boston government to get more local help with housing and rent.

Landlords may try to sue tenants to evict them. If you are worried about an eviction, reach out as soon as possible to your local legal aid group. The lawyers may be able to help you find protections and services to deal with your eviction.

Earlier Protections

Earlier, the Massachusetts legislature had passed a law stopping all stages of eviction proceedings for non-essential evictions between April 20, 2020 and October 17, 2020.

The national eviction moratorium expired on August 26, 2021.

Utility shutoffs may have resumed in Massachusetts.

Earlier, during the emergency period, it was prohibited to shut off utilities for nonpayment in Massachusetts.

If you need financial assistance for utility costs, you may be able to get help.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Since the emergency period ended, landlords can try to evict renters once again.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

Massachusetts housing courts are open, but trials may be held virtually.

Massachusetts has a Housing Court Virtual Front Counter to find more help for people who need help.

Check with your local court regularly for updates.

Yes, Massachusetts renters still need to pay rent during the COVID-19 emergency.

Check with your local city or county government to see if they give renters any additional protections if they are struggling to pay rent during the COVID-19 emergency.

If you cannot pay rent, take steps to protect yourself:

• Apply for rental help immediately: If you need financial assistance for housing costs like rent or utility bills, you may be able to get help.

• Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction.

• Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get it in writing.

• Keep proof of COVID-19's impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.

If you need help with paying rent, reach out for legal and financial help as soon as possible.