It is illegal for a landlord to retaliate against a tenant in Massachusetts
The relationship between tenants and landlords is not always as peaceful, cordial, or professional as either side would like. When things go wrong, tenants can be hesitant to take action against their landlords because they are not sure whether the law protects them. Knowing your rights as a renter matters. In Massachusetts, tenants have clear legal protection against landlord retaliation.
A landlord who threatens or takes reprisals against a tenant for protected activity can be liable for damages of at least one month’s rent and up to three months’ rent, or the tenant’s actual damages, whichever is greater, plus court costs and a reasonable attorney’s fee. See G.L. c. 186, § 18. Retaliating or threatening to retaliate against a tenant for exercising or attempting to exercise rights under § 18 is also an unfair and deceptive practice under the Attorney General’s regulations, 940 CMR 3.17(6)(b).
What counts as protected activity?
The law does not protect every complaint or disagreement. It protects the activities listed in G.L. c. 186, § 18 and G.L. c. 239, § 2A, and G.L. c. 239, § 8A applies § 18 to tenants who invoke § 8A. Examples include a landlord who tries to evict a tenant, raises the rent, or substantially changes the terms of the tenancy after the tenant:
- filed a case in court or with an agency to get damages under, or to enforce, a law that regulates housing;
- reported a violation or suspected violation of the sanitary code, building code, or another housing law to the board of health or another board that regulates housing;
- complained about such a violation in writing to the landlord or the landlord’s agent;
- organized or joined a tenants’ union or similar organization;
- raised bad conditions as a defense or counterclaim under G.L. c. 239, § 8A; or
- sought a protective order or other relief, or reported to police, because of domestic violence, rape, sexual assault, or stalking against the tenant or a member of the household, as described in G.L. c. 239, § 2A (this is a defense to an eviction case).
A complaint made only out loud to the landlord may not qualify under § 18. Put complaints in writing and keep a copy.
The six-month presumption
Timing matters. Under G.L. c. 186, § 18, if a tenant receives a notice ending the tenancy (other than for nonpayment of rent), a rent increase, or a substantial change in the terms of the tenancy within six months after protected activity, the law presumes it is retaliation. The presumption also applies when someone else took the protected action on the tenant’s behalf or about the tenant’s building. The landlord can overcome the presumption only with clear and convincing evidence that the action was not retaliation and that the landlord had a sufficient independent reason and would have done the same thing, in the same way and at the same time, anyway.
The six months is not a cutoff for the claim itself. If the landlord acted more than six months later, the tenant does not get the presumption. See Jablonski v. Casey, 64 Mass. App. Ct. 744 (2005). But § 18 also covers reprisals that do not trigger the presumption, so the tenant may still try to prove retaliation with other evidence. See Scofield v. Berman & Sons, Inc., 393 Mass. 95 (1984).
What if the eviction is for nonpayment of rent?
The two statutes treat nonpayment differently.
- Damages claim under G.L. c. 186, § 18. The six-month presumption does not apply to a notice to quit for nonpayment of rent. The tenant can still bring the claim but must prove retaliation without the presumption. The Appeals Court has said a finding of retaliation normally will not lie when the eviction is based on nonpayment. See Jablonski v. Casey, 64 Mass. App. Ct. 744 (2005).
- Defense to eviction under G.L. c. 239, § 2A. The Supreme Judicial Court has said that, for purposes of § 2A, the presumption arises whether or not the eviction is for nonpayment of rent. See Youghal, LLC v. Entwistle, 484 Mass. 1019 (2020). The landlord can still rebut it. In that case, the landlord did so by showing it had repeatedly brought eviction cases against the same tenant when she fell behind on rent before.
The Appeals Court has also held that the retaliation presumptions in § 18 and § 2A apply to “for cause” evictions. See Campbell v. Abdulla, 105 Mass. App. Ct. 790 (2025).
Illegal lockouts
A landlord cannot remove or lock out a tenant without a valid court order. A tenant who is locked out may recover possession or end the tenancy, and recover three months’ rent or three times the tenant’s damages, plus costs and attorney’s fees. See G.L. c. 186, § 15F. If you are locked out, act quickly.
If tenants know their rights and use them correctly, they have a fighting chance to win their case.
If you think your landlord is retaliating against you, call Doubleday Law at (617) 575-2006. This post is general information, not legal advice for your situation.
