Legal
This information is provided for general educational purposes only and is not legal advice. Laws and individual circumstances can vary, so tenants should consult a qualified attorney or legal services organization for advice about their specific situation.
MGL c.186, §18
Massachusetts General Laws | Part II | Title I | Chapter 186 | Section 18:
Reprisal for reporting violations of law or for tenant’s union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
Section 18. Any person or agent thereof who threatens to or takes reprisals against any tenant of residential premises for the tenant’s act of, commencing, proceeding with, or obtaining relief in any judicial or administrative action the purpose of which action is to obtain damages under, or otherwise enforce, any federal, state or local law, regulation, by-law or ordinance, which has as its objective the regulation of residential premises; or exercising the tenant’s rights pursuant to section one hundred and twenty-four D of chapter one hundred and sixty-four; or reporting to the board of health or, in the city of Boston to the commissioner of housing inspection or to any other board having as its objective the regulation of residential premises a violation or a suspected violation of any health or building code or of any other municipal by-law or ordinance, or state or federal law or regulation which has as its objective the regulation of residential premises; or reporting or complaining of such violation or suspected violation in writing to the landlord or to the agent of the landlord; or for organizing or joining a tenants’ union or similar organization, or for making or expressing an intention to make, a payment of rent to an organization of unit owners pursuant to paragraph (c) of section six of chapter one hundred and eighty-three A shall be liable for damages which shall not be less than one month’s rent or more than three month’s rent, or the actual damages sustained by the tenant, whichever is greater, and the costs of the suit, including a reasonable attorney’s fee.
The receipt of any notice of termination of tenancy, except for nonpayment of rent, or, of increase in rent, or, of any substantial alteration in the terms of tenancy within six months after the tenant has commenced, proceeded with, or obtained relief in such action, exercised such rights, made such report or complaint, or organized or joined such tenants’ union or within six months after any other person has taken such action or actions on behalf of the tenant or in, or relating to, the building in which the tenant resides, shall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activities. Such presumption shall be rebutted only by clear and convincing evidence that such person’s action was not a reprisal against the tenant and that such person had sufficient independent justification for taking such action, and would have in fact taken such action, in the same manner and at the same time the action was taken, regardless of tenants engaging in, or the belief that tenants had engaged in, activities protected under this section.
Any waiver of this provision in any lease or other rental agreement shall be void and unenforceable.
Massachusetts law prohibits landlords from retaliating against tenants for reporting unsafe or illegal housing conditions, asserting their legal rights, or organizing with a tenants’ union.
Any eviction notice, rent increase, or major lease change issued within six months of such protected activity is presumed to be illegal retaliation, and tenants may be entitled to damages, legal costs, and attorney’s fees.
What this law is about, in plain terms
This law protects tenants from landlord retaliation. If you assert your rights, report unsafe or illegal conditions, or organize with other tenants, your landlord is not allowed to punish you for it. If they do, the law gives you strong legal remedies.
Think of it as Massachusetts saying:
“You’re allowed to speak up about your housing, and your landlord doesn’t get to hit back.”
What actions are protected
A landlord cannot retaliate against you for doing any of the following:
- Enforcing your rights
Filing or participating in a court case or administrative complaint about housing laws, tenant rights, or habitability. - Reporting housing problems
Reporting suspected violations of health codes, building codes, or housing laws to:- the local Board of Health
- housing inspectors (including Boston’s housing inspection office)
- or another government agency
You are also protected if you report problems in writing directly to your landlord.
- Organizing with other tenants
Joining, forming, or participating in a tenants’ union or similar tenant organization.
If you do any of these things, the law says: you are protected.
What counts as illegal retaliation
A landlord may not retaliate by:
- Threatening eviction
- Sending a termination notice
- Raising your rent
- Changing your lease terms in a significant way
- Harassing or intimidating you
- Taking any other action meant to punish or scare you for exercising your rights
If they do, they can be held legally responsible.
The 6-month retaliation presumption
(this part is very powerful)
If, within 6 months after you:
- report violations,
- assert your legal rights,
- or organize with other tenants,
your landlord:
- sends you a notice to terminate (not for nonpayment),
- raises your rent,
- or substantially changes your lease,
the law automatically assumes it was retaliation.
This is called a “rebuttable presumption.”
That means:
- You don’t have to prove retaliation at first.
- The burden shifts to the landlord to prove it wasn’t retaliation.
And not just “prove a little” — they must show clear and convincing evidence that:
- they had a legitimate, independent reason, and
- they would have taken the same action at the same time even if you hadn’t exercised your rights.
That is a very high legal bar for landlords.
What tenants can win if retaliation happens
If a landlord retaliates illegally, they owe the tenant:
- At least 1 month’s rent
- Up to 3 months’ rent
- Or actual damages, if higher
- Plus court costs and reasonable attorney’s fees
This makes retaliation financially risky for landlords.
Landlords cannot waive this law
Any lease clause that says something like:
- “Tenant waives retaliation protections”
- “Tenant agrees not to organize”
- “Tenant agrees not to report conditions”
is automatically void and unenforceable, even if the tenant signed it.
This protection cannot be signed away.
Bottom line for tenants and tenant unions
- You have the right to report, organize, and assert your housing rights.
- Your landlord cannot legally punish you for it.
- If they try within 6 months, the law assumes retaliation.
- If retaliation is proven, tenants are entitled to real money and legal costs.
- Leases cannot override these protections.
