Retaliatory Eviction
G.L. c. 186, § 18 — a presumption of reprisal within six months, and one to three months' rent
In Massachusetts, a landlord may not threaten or take reprisals against a tenant for pursuing a legal action to enforce housing law, reporting a suspected code violation to the board of health or another housing agency, complaining of one in writing to the landlord, or organizing or joining a tenants' union.
Six months. A notice ending the tenancy other than for nonpayment of rent, a rent increase, or a substantial change in the terms, received within six months after the tenant did any of those things, is presumed to be a reprisal. The presumption is rebutted only by clear and convincing evidence.
A landlord who retaliates is liable for not less than one month's rent or more than three month's rent, or the tenant's actual damages if greater, with costs and a reasonable attorney's fee. Retaliation is also a defense to the eviction itself, including one brought after a tenant or household member sought a protective order or reported domestic violence, rape, sexual assault or stalking to the police.
Sources for this section (2)
- G.L. c. 186, § 18 — Reprisal for reporting violations or tenant union activity
- G.L. c. 239, § 2A — Reprisal as a defense in summary process
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.