Massachusetts victim lease termination: how G.L. c. 186, section 24 works for a landlord
Under G.L. c. 186, section 24, a Massachusetts tenant or co-tenant can end a lease after written notice that a household member is a victim of domestic violence, rape, sexual assault or stalking, if notice comes within 3 months of the latest act or the household reasonably fears imminent serious harm. The tenant must leave within 3 months of notice. Rent is discharged after 30 days or one full rental period past the quitting date, whichever is later.
Who can use section 24?
A tenant or co-tenant may terminate the rental agreement or tenancy and quit the premises on written notice to the owner that a member of the household is a victim of domestic violence, rape, sexual assault or stalking. Two conditions fit it: notice made within 3 months of the most recent act, or a household member who is reasonably in fear of imminent serious physical harm from one of those acts.
What proof can you request?
You may ask for proof that a protective order or third-party verification is in effect or was obtained in the prior 3 months, or that a tenant or co-tenant is reasonably in fear of imminent serious physical harm. Any one of these satisfies it:
- A copy of a valid protection order under chapter 209A or 258E.
- A record from a federal, state or local court or law enforcement of the act, with the name of the perpetrator if known.
- A written verification from another qualified third party to whom the victim reported it. It must name the organization, agency, clinic or provider, give the date of the act and the name of the perpetrator if known, and an adult victim with the capacity to do so must add a statement under penalty of perjury that the incident described is true and correct.
You may also ask for the perpetrator's name, if known.
Timing, rent and the deposit
After notice, the tenant, co-tenant or any household member who is not the perpetrator must leave within 3 months. If the tenant does not leave within 3 months, the notice is void.
Under subsection (c), the tenant is discharged from liability for rent or use and occupancy for 30 days or 1 full rental period after the quitting date, whichever last occurs, to the extent the lease and other law would otherwise impose it past that date. The tenant is entitled to a refund of any prepaid rent for any period after that. You must give a full and specific statement of the basis for keeping any of the deposit, with any refund due, as section 15B requires, within 30 days of the end of the tenancy and the delivery of full possession by all occupants.
Example a made-up tenant in Worcester pays $1,600 on the 1st of a month and gives notice on the 8th, then quits on the 20th. Thirty days after the quitting date is the 20th of the next month. If the lease's rental period is a month that runs to the 30th, one full rental period after the quitting date runs further, so the later date controls. Any rent the tenant prepaid for days after the controlling date is refunded, and the tenant owes nothing for the rest of the lease term.
Co-tenants, belongings and remaining occupants
- No other tenant or co-tenant on the lease is released from the rental agreement or other duties under the chapter.
- Belongings left behind are treated as abandoned and may be disposed of under applicable law, unless the departing tenant states in writing who is responsible for them and what to do.
- If the departing tenant leaves and someone other than a tenant or co-tenant remains, the section does not change your rights and duties as to that person.
- A landlord who in good faith starts an action against a remaining tenant, co-tenant or household member, or a housing subsidy provider that ends or denies a subsidy to such a person, cannot be sued for retaliation or any other claim under the chapter for doing so.
Keep the proof private
An owner or housing subsidy provider with written proof must keep the documentation and its information confidential. You cannot give anyone, agency or otherwise, access in any way unless the victim authorizes release in writing, or a court order, government regulation or governmental audit requirement calls for it. The text I read has no lock change rule and no fixed penalty for a breach of confidentiality.
How DoorKeeping fits in Massachusetts
DoorKeeping keeps the written notice, the proof the tenant gave and your reply together in the Massachusetts tenant's file, with dates. Reminders can mark the 30-day deposit statement and the 3-month move-out limit. Any rent, deposit or lock decision waits for your one-tap approval. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How long does a Massachusetts tenant have to give notice?
- Within 3 months of the most recent act, or at any time the household reasonably fears imminent serious physical harm (c. 186, s. 24(a)).
- Do I have to refund prepaid rent in Massachusetts?
- Yes, for any period after the discharge date described in subsection (c).
- Can I share the proof with others?
- No, only with the victim's written authorization or as a court order, regulation or governmental audit requires.