How a Massachusetts Landlord Can Learn About a Prospective Tenant Before Signing a Lease

If you are a Massachusetts landlord, one of the most important decisions you will make is choosing who to rent to. The tenant you select will live in your property, pay your mortgage or generate your rental income, and will have a direct impact on the condition of the unit and on the experience of any other tenants in the building. A tenant who turns out to have a history of evictions, unpaid rent, criminal convictions, or serious lease violations can cost a Massachusetts landlord thousands of dollars in lost rent, property damage, and legal fees before the matter is finally resolved.

The good news is that Massachusetts law gives landlords meaningful tools to investigate a prospective tenant’s background before any lease is signed. A Massachusetts landlord has the legal right to request criminal background information through the Commonwealth’s Criminal Offender Record Information system (commonly known as CORI), to obtain credit reports and consumer reports, to review publicly available eviction court records (subject to important new limitations discussed below), and to contact prior landlords for references. Understanding how each of these tools works, what each one reveals, and what legal rules govern its use is essential for any Massachusetts landlord who wants to make well-informed, legally compliant tenant selection decisions.

This article is written for Massachusetts landlords who want to screen prospective tenants thoroughly and lawfully. It also addresses a significant development in Massachusetts law that took effect in 2025 and that every Massachusetts landlord needs to understand: the new eviction record sealing law, which now allows tenants to petition courts to seal certain eviction records from public view, potentially limiting the information available to a Massachusetts landlord during the screening process.

Why Tenant Screening Matters for a Massachusetts Landlord

Massachusetts is widely recognized as one of the most tenant-protective states in the country. Once a tenant is in possession of a rental unit, removing them requires a formal Massachusetts eviction proceeding (a Summary Process action), which can take weeks or months even in straightforward cases. A tenant who contests the eviction, raises defenses such as habitability or retaliation, or files counterclaims can extend that timeline considerably. The cost of a contested Massachusetts eviction can easily run into thousands of dollars in legal fees, lost rent, and court costs.

This reality makes the front end of the tenancy (the period before the lease is signed) the most valuable opportunity a Massachusetts landlord has to protect their investment. A thorough and legally compliant tenant screening process significantly reduces the risk of renting to someone who will fail to pay rent, damage the property, engage in criminal activity, or become a chronic source of lease violations. The cost of proper tenant screening is a small fraction of the cost of a bad tenancy.

At the same time, Massachusetts law imposes important restrictions on how landlords may screen tenants. Anti-discrimination law prohibits landlords from making rental decisions based on race, color, national origin, ancestry, religion, sex, age, marital status, sexual orientation, gender identity, source of income, disability, or familial status, among other protected characteristics. The use of criminal history information is subject to specific rules under Massachusetts law. And as described below, a new eviction record sealing law that took effect in May 2025 has changed the landscape for landlords who have historically relied on public court records as part of their screening process. Navigating all of these requirements correctly requires care and, in many cases, the guidance of an experienced Massachusetts attorney.

What Is CORI and How Does a Massachusetts Landlord Access It?

CORI stands for Criminal Offender Record Information. It is the system maintained by the Massachusetts Department of Criminal Justice Information Services (DCJIS) that contains information about an individual’s criminal court history in Massachusetts. CORI records are created when a person is arraigned in a Massachusetts state court, and they include the history of each criminal charge from arraignment through sentencing. CORI records exist even if a charge was ultimately dismissed or if the person was found not guilty, which means that CORI captures a broader range of criminal history than a record of convictions alone.

Private Massachusetts landlords have what is called Standard access to CORI for the purpose of screening prospective tenants. To access CORI as a Massachusetts landlord, you must first register with the DCJIS through the online iCORI system at icori.chs.state.ma.us. Private landlords may register as individuals or as organizations depending on their situation. The registration process requires answering questions about the purpose of the CORI request and agreeing to the applicable terms and policies governing CORI use.

What Does Standard CORI Access Show a Massachusetts Landlord?

Under Standard access, a Massachusetts landlord who runs a CORI check on a prospective tenant will see the following information.

1. All open or pending criminal cases, regardless of how recent they are.
2. Convictions for misdemeanors where the conviction date or incarceration release date is within the five years prior to the date of the CORI request.
3. Convictions for felonies where the conviction date or incarceration release date is within the ten years prior to the date of the CORI request.
4. Convictions for murder, manslaughter, and sex offenses, regardless of how old those convictions are.

CORI information that falls outside these time windows is not reported under Standard access. A felony conviction from fifteen years ago, for example, would not appear on a Standard CORI report. This is an important limitation for Massachusetts landlords to understand, because it means that CORI does not give a complete lifetime picture of a person’s criminal history.

What Are the Rules for Using CORI to Screen Tenants?

Massachusetts law imposes several important rules on how a Massachusetts landlord may use CORI information in the tenant screening process. These rules are not optional, and violations can expose a landlord to complaints with the Massachusetts Attorney General’s Civil Rights Division.

First, a Massachusetts landlord may only request a prospective tenant’s CORI with the tenant’s written consent. The tenant must sign a form called a CORI Acknowledgment Form before the landlord may submit a CORI request. A landlord may not ask the prospective tenant to obtain their own CORI and bring it to the landlord. That practice is specifically prohibited under Massachusetts law.

Second, Massachusetts law prohibits landlords from automatically disqualifying any applicant based on a criminal conviction record. A Massachusetts landlord must consider each individual applicant and the nature and severity of any conviction that appears in the CORI report, rather than applying a blanket policy of rejection for any person with any criminal history. The law also requires that the CORI check be conducted only as the final step in the application process, after other screening criteria have been evaluated.

Third, if a Massachusetts landlord denies a rental application based in whole or in part on CORI information, the landlord must provide the applicant with written notice identifying what part of the CORI report was a problem, advising the applicant of their right to dispute the accuracy of the information, and providing information about how to correct mistakes. CORI records are not always accurate, and a prospective tenant has the right to know if a CORI record is being used against them so that they can correct errors.

How Can a Massachusetts Landlord Check a Tenant’s Eviction History?

Historically, one of the most valuable tools available to a Massachusetts landlord for screening prospective tenants has been the public court record database maintained by the Massachusetts Trial Court, accessible online through the Massachusetts Courts website. This database has contained records of Summary Process eviction cases filed in the Massachusetts Housing Court and District Court since 2013, and landlords have routinely searched this database as part of their tenant screening process to identify applicants with a prior eviction history.

That landscape changed significantly on May 5, 2025, when a new eviction record sealing law took effect as part of the Massachusetts Affordable Homes Act (codified at Massachusetts General Laws Chapter 239, Section 16). This development is one of the most important changes in Massachusetts landlord-tenant law in recent years, and every Massachusetts landlord needs to understand it.

The New Massachusetts Eviction Record Sealing Law (Effective May 5, 2025)

Under the new law, Massachusetts tenants now have the right to petition courts to seal certain eviction records, removing them from public access and from consumer reporting agency reports. The availability of sealing depends on the type of eviction case and its outcome, as follows.

1. Dismissed cases and judgments for the tenant. If an eviction case was dismissed or if judgment entered in favor of the tenant, the tenant may file a petition to seal the record immediately after the case concludes and any appeal rights are exhausted. In dismissed cases, the court may seal the record without even notifying the landlord.
2. No-fault evictions. If the eviction was brought for reasons other than anything the tenant did or failed to do (for example, the landlord was ending the tenancy for business reasons), the tenant may petition to seal the record after the case concludes. The landlord receives seven days’ notice and may object.
3. Nonpayment of rent cases. A tenant may petition to seal a nonpayment of rent eviction record if at least four years have passed since the case concluded, the tenant has had no other eviction case in that period, and the tenant certifies that the nonpayment was due to economic hardship. The landlord receives notice and may object.
4. Fault evictions and criminal activity cases. For evictions based on lease violations, misconduct, or criminal activity, the tenant must wait seven years before petitioning to seal. The court may hold a hearing to determine whether sealing serves the interests of justice and public safety.

Once a record is sealed, it is removed from public court databases. Consumer reporting agencies (including the tenant screening services that many Massachusetts landlords use) are prohibited from including sealed eviction information in their reports. Most significantly for Massachusetts landlords, when asked on a rental application about prior evictions, a tenant whose record has been sealed may lawfully answer that they have no record. The Massachusetts landlord reviewing that application will have no way of knowing about the sealed case.

The practical impact of this new law on Massachusetts landlords is significant. Eviction history, which has long been one of the most useful pieces of information in the tenant screening process, is now less reliably accessible through public court records alone. Massachusetts landlords who have historically relied primarily on public eviction records to screen applicants must now adapt their screening processes to rely more heavily on other sources of information, including direct landlord references, credit history, income verification, and the applicant’s own representations about their rental history.

How Can a Massachusetts Landlord Obtain Credit and Consumer Reports?

In addition to CORI and eviction records, a Massachusetts landlord may obtain credit reports and other consumer reports about a prospective tenant for the purpose of evaluating the tenant’s rental application. These reports are governed by the federal Fair Credit Reporting Act and by Massachusetts General Laws Chapter 93, the Massachusetts consumer protection statute governing credit reporting.

Under Massachusetts General Laws Chapter 93, Section 51(a)(3)(v), a consumer reporting agency may provide a consumer report to a landlord who is using the information in connection with the rental of residential property. A Massachusetts landlord generally does not need the applicant’s permission to obtain a basic consumer report (which includes credit history and public records), but may not obtain an investigative consumer report (which includes information gathered through personal interviews about the person’s character, general reputation, or mode of living) without the applicant’s written consent.

Credit reports and consumer reports obtained through tenant screening services typically include the following categories of information.

• Credit score and payment history, reflecting whether the applicant pays bills on time and the overall level of outstanding debt.
• Public records, which may include judgments for unpaid debts or other civil matters.
• Eviction history, where available and not sealed, drawn from court databases.
• Former addresses, which can help verify the accuracy of the rental history the applicant has provided.
• Social security number verification, which can help confirm that the applicant is who they claim to be.

If a Massachusetts landlord denies a rental application based in whole or in part on information in a consumer report, federal law requires the landlord to provide the applicant with an adverse action notice identifying the consumer reporting agency that supplied the report and informing the applicant of their right to obtain a free copy of the report and to dispute inaccurate information.

What About Contacting Prior Landlords and Verifying Rental History?

One of the most valuable and underutilized tools available to a Massachusetts landlord in the tenant screening process is the direct landlord reference. A prospective tenant’s prior landlords can provide firsthand information about whether the tenant paid rent on time, whether there were any lease violations or complaints from neighbors, whether the unit was maintained in good condition, and whether the tenancy ended on good terms. This kind of qualitative information is not available from CORI, credit reports, or public court records, and it can be more revealing than any of those sources when it comes to predicting how a prospective tenant will behave in a new tenancy.

When contacting prior landlords, a Massachusetts landlord should be systematic. Ask for the names and contact information of the applicant’s current and prior landlords as part of the rental application. Verify that the landlords provided by the applicant are actually the owners of the properties listed (a common fraud involves providing the phone number of a friend posing as a prior landlord). One way to verify that a prior landlord reference is genuine is to look up the property at the Massachusetts Registry of Deeds, which is publicly accessible online at masslandrecords.com, and confirm that the owner of record is the person the applicant identified as their prior landlord.

When speaking with a prior landlord, consider asking the following questions: Did the tenant pay rent in full and on time? Were there any noise or behavioral complaints from neighbors? Was the unit returned in good condition at the end of the tenancy? Did the tenancy end voluntarily or through an eviction or other adverse proceeding? Would you rent to this person again? The answers to these questions can provide a Massachusetts landlord with practical insight that no database or screening report can replicate.

What Other Screening Tools Are Available to a Massachusetts Landlord?

Beyond CORI, consumer reports, and landlord references, a Massachusetts landlord has access to several other sources of information that can be part of a comprehensive screening process.

Income and Employment Verification

A Massachusetts landlord is entitled to ask a prospective tenant to provide proof of income and employment as part of the application process. Common forms of income documentation include recent pay stubs, bank statements, tax returns for self-employed applicants, and offer letters or employment verification letters. As a general rule, housing specialists and property managers recommend that a tenant’s gross monthly income be at least three times the monthly rent as a minimum threshold for rental qualification, though this is a guideline and not a legal requirement.

Rental Application Forms

A well-designed rental application is the foundation of any screening process. A thorough Massachusetts rental application should ask for the applicant’s full legal name, current and prior addresses for at least five years, current and prior landlord contact information, current and prior employment history, consent to a credit and background check, and the applicant’s signature authorizing the landlord to verify the information provided. The application itself, and the applicant’s answers to the questions it contains, is a valuable source of information and can be used as evidence in any later dispute if the applicant provides false information.

Public Registry of Deeds Records

The Massachusetts Registry of Deeds, accessible online at masslandrecords.com, is a publicly available database of all recorded real estate documents in Massachusetts. While it is most directly useful for verifying who actually owns a property listed as a prior landlord reference, it can also be useful in other contexts, such as confirming whether an applicant who claims to own their current residence actually does so, or verifying other representations that the applicant has made about their real property interests.

Sex Offender Registry

The Massachusetts Sex Offender Registry Board (SORB) maintains a public registry of sex offenders in Massachusetts. This registry is searchable online at mass.gov/sorb by name, city, or zip code. A Massachusetts landlord may lawfully search this registry as part of a tenant screening process. Registered sex offenders at certain classification levels are required to register their current address, and the registry will indicate whether a prospective tenant is listed as a registered sex offender in Massachusetts.

What Are the Legal Limits on Tenant Screening in Massachusetts?

While Massachusetts law gives landlords meaningful tools to investigate prospective tenants, it also imposes firm limits on how screening may be conducted and what information may be used as a basis for denying a rental application. Every Massachusetts landlord who engages in tenant screening should be aware of the following legal limitations.

Fair Housing and Anti-Discrimination Laws

Massachusetts has some of the broadest anti-discrimination protections in the country. Under Massachusetts General Laws Chapter 151B and the Massachusetts Fair Housing Law, a landlord may not refuse to rent to a prospective tenant based on race, color, national origin, ancestry, religion, sex, age, marital status, sexual orientation, gender identity, disability, familial status, or source of income (which includes housing vouchers such as Section 8). A landlord who applies screening criteria in a manner that disproportionately excludes members of a protected class, even without intending to discriminate, may be found to have engaged in illegal discriminatory screening. Consistent, documented, criteria-based screening applied equally to all applicants is the best protection against a discrimination claim.

The Limits of CORI Under Massachusetts Law

As noted above, a Massachusetts landlord may not automatically disqualify a prospective tenant based solely on a criminal conviction record. The law requires individualized consideration of each applicant’s circumstances, the nature of the conviction, how much time has passed since the offense, and any evidence of rehabilitation or changed circumstances. A Massachusetts landlord who has a written tenant screening policy that treats criminal history as one factor among several, rather than an automatic disqualifier, is on much stronger legal footing than one who applies a blanket exclusion.

The New Eviction Sealing Law

As described above, Massachusetts General Laws Chapter 239, Section 16 now allows certain tenants to seal their eviction records from public view. A Massachusetts landlord may not use a sealed eviction record as a basis for denying a rental application. If an applicant answers that they have no eviction record on a rental application and they have a sealed record, that answer is legally truthful under the new law, and the landlord may not penalize the applicant for it. Massachusetts landlords must update their rental application forms and screening policies to comply with the requirements of the new law, which includes a requirement that rental applications contain specific notice language about tenants’ rights under the eviction sealing statute.

Conclusion

A Massachusetts landlord who takes the time to conduct a thorough, legally compliant tenant screening process before signing a lease is making one of the best investments available to protect their property and their rental income. The combination of a CORI check through the Massachusetts iCORI system, a credit and consumer report obtained through a reputable screening service, direct contact with prior landlords, verification of income and employment, and a review of available public records gives a Massachusetts landlord a comprehensive picture of who they are renting to.

At the same time, Massachusetts landlords must navigate a legal environment that is both detailed and changing. The new eviction record sealing law that took effect on May 5, 2025, under Massachusetts General Laws Chapter 239, Section 16, represents a significant change in the availability of eviction history as a screening tool. CORI access is governed by specific procedural requirements. Anti-discrimination law applies at every stage of the screening process. And the use of consumer reports triggers notice obligations under federal and state law.

For Massachusetts landlords who want to screen effectively while staying on the right side of the law, the practical takeaway is this: build a screening process that is systematic, consistent, and documented. Apply the same criteria to every applicant. Rely on multiple sources of information rather than any single database. Keep thorough written records of why each rental decision was made. And when in doubt about whether a particular screening practice is legally permissible, consult with a qualified Massachusetts attorney who handles landlord and tenant matters before proceeding.

The few hours and modest cost invested in proper tenant screening before a lease is signed can save a Massachusetts landlord months of litigation and thousands of dollars that would otherwise be spent trying to undo a bad tenancy after the fact.

ABOUT THIS ARTICLE

This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular Massachusetts landlord-tenant situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action in connection with a Massachusetts eviction or any landlord-tenant matter.