Index

Massachusetts General Laws - Owner Occupancy Eviction Limitations in Larger Buildings

Summary

Restricts 'no-fault' evictions, particularly for owner-occupancy reasons, in buildings with more than 3 units, requiring specific conditions or lease terms.

Rights & Rules

  • 01.
    In residential buildings with four or more units, a landlord generally cannot evict a tenant 'without fault' for the purpose of the landlord or a family member moving into the unit, unless there are specific limited exceptions or a pre-existing lease agreement allowing it.
  • 02.
    Tenants in larger buildings often have stronger protections against 'no-fault' evictions, requiring the landlord to have a 'just cause' or meet strict legal criteria.

Penalties

  • 01.
    An improper or illegal 'no-fault' eviction attempt can result in the landlord being liable for tenant's damages, including moving costs and potentially attorney's fees.
  • 02.
    The court may dismiss an eviction case if the landlord fails to demonstrate a valid legal basis for an owner-occupancy eviction in a larger building.

Verified Citations

Massachusetts General Laws (MGL) c. 186 § 12

Source
"Tenant at will, termination of tenancy; notice. Provides rules for termination notices, which can be impacted by local ordinances or building size for certain 'no-fault' reasons."

Massachusetts General Laws (MGL) c. 239 § 1A

Source
"Relates to grounds for eviction and limitations for certain notices to quit where premises are not subject to rent control or in certain housing types."