Can a Massachusetts landlord evict a tenant for illegal activity?

Yes. Under M.G.L. c. 139, § 19, when a tenant uses rental premises for qualifying illegal activity — including drug offenses, illegal gambling, prostitution, illegal weapons possession, or possession of explosive devices — the lease is automatically voided at the landlord's election. The landlord may then proceed directly to the Summary Process eviction procedure under M.G.L. c. 239 without the standard notice and cure period.

Can a Massachusetts landlord evict a tenant if a guest committed the illegal activity, not the tenant?

Yes. M.G.L. c. 139, § 19 expressly extends to illegal activity committed by a guest, household member, or co-occupant of the rental unit, not just the named leaseholder. A landlord may invoke this statute and pursue eviction of the entire household even when the primary tenant claims no personal involvement in the criminal conduct.

What types of illegal activity allow a Massachusetts landlord to void a lease under M.G.L. c. 139, § 19?

The qualifying categories include: controlled substance offenses (drug possession with intent, sale, or manufacture); illegal gambling; prostitution, assignation, or lewdness; illegal firearms possession under M.G.L. c. 269, § 10; possession or use of explosive or incendiary devices; illegal alcohol sales under M.G.L. c. 138, § 1; and, in assisted housing, acts or threatened acts of violence against housing authority employees or other persons lawfully on the premises.

Can a Massachusetts landlord be held liable for ignoring a tenant's illegal activity?

Yes. Under M.G.L. c. 139, § 20, a landlord who knowingly permits a nuisance to continue on their property may face civil liability or criminal prosecution. The Plymouth County District Attorney's Landlord Assistance Initiative, for example, explicitly notifies landlords of drug activity at their properties and warns that inaction could constitute aiding or permitting a nuisance. Consulting an eviction attorney immediately upon learning of criminal activity is strongly advisable.

Does a Massachusetts landlord still need to go through the courts to evict a tenant for drug activity?

Yes. Even when illegal activity voids the lease under M.G.L. c. 139, § 19, the landlord must still follow the Summary Process eviction procedure under M.G.L. c. 239 to obtain a court judgment and Writ of Execution before physically removing the tenant. Self-help eviction — changing locks, removing belongings, or shutting off utilities — remains illegal regardless of the tenant's criminal conduct and exposes the landlord to civil and criminal liability.