Illegal Activity as Grounds to Evict a Tenant in Massachusetts:

What Every Landlord Must Know About Crime, Common Nuisance, and the Eviction Process

Of all the eviction grounds available to a Massachusetts landlord, none is more urgent, or more legally complex, than illegal activity. When a tenant engages in criminal conduct on your property, the safety of your building, your other tenants, and your surrounding community is directly at stake. Massachusetts law recognizes this urgency. Under Massachusetts General Laws Chapter 139, Section 19, a landlord whose tenant uses rental premises for certain categories of illegal activity has a powerful statutory remedy that, in appropriate circumstances, can void the lease and support an expedited eviction without offering the tenant any opportunity to cure.

But, the fact that a tenant has engaged in criminal conduct does not mean a Massachusetts landlord can simply change the locks or demand the tenant leave. The prohibition on self-help eviction applies with full force even when illegal activity is the basis for the eviction. A landlord who bypasses the legal process, no matter how clear the tenant’s wrongdoing, exposes themselves to significant civil and criminal liability. The law provides a faster path to removal in illegal activity cases, but it is still a legal path, and it must be followed with precision.

This article explains which types of illegal activity qualify as eviction grounds under Massachusetts law, what M.G.L. c. 139, Section 19 actually provides, the specific steps a landlord must take to successfully evict a tenant on this basis, and why retaining an experienced Massachusetts eviction attorney is essential from the moment criminal activity is discovered on your property.

The Governing Statute: M.G.L. c. 139, Section 19: Voiding the Lease for Common Nuisance

Massachusetts General Laws Chapter 139, Section 19 sits within a chapter of the General Laws titled Common Nuisancee, and that title tells you a great deal about the statute’s purpose. It is designed to give landlords a swift legal mechanism to remove tenants whose criminal conduct has transformed a residential rental unit into a source of public harm.

Under M.G.L. c. 139, Section 19, when a tenant or occupant uses the rental premises for any of the qualifying illegal activities enumerated in the statute, the lease or other title under which the tenant holds possession is, at the election of the landlord, automatically annulled and made void. The right of possession reverts to the landlord by operation of law. This means the landlord may proceed immediately to the Summary Process eviction procedure under M.G.L. c. 239 without waiting for a standard notice period to run. The law treats the criminal conduct itself as a lease-voiding event, the closest thing Massachusetts eviction law has to an expedited removal process.

Equally important: M.G.L. c. 139, Section 19 extends the reach of this provision beyond the named tenant. If the qualifying illegal activity is committed by a guest, household member, or co-occupant, not just the leaseholder, the landlord may still invoke this statute to pursue eviction of the entire household. This is a critical provision for landlords facing the common scenario where the primary tenant claims no personal involvement in criminal activity occurring in or around the unit.

Which Types of Illegal Activity Qualify Under M.G.L. c. 139, Section 19?

The statute sets out a specific list of illegal activities that trigger the lease-voiding provision. Attempting to use M.G.L. c. 139, Section 19 for conduct that falls outside its enumerated categories will result in a dismissed eviction case, wasted time, and a tenant who now knows the landlord made a legal error. The qualifying categories are as follows:

• Controlled Substance Offenses (Drug Crimes). The illegal keeping, sale, or manufacture of controlled substances as defined in M.G.L. c. 94C, Section 1 is one of the most frequently invoked categories under Section 19. This covers possession with intent to distribute narcotics, the operation of a drug distribution point from the unit, and the manufacture or cultivation of illegal drugs on the premises. Drug-related evictions under this statute are actively supported by Massachusetts district attorneys offices, several of which operate dedicated landlord assistance programs that provide documentation and coordination to property owners who need to evict a tenant engaged in drug crime.
• Illegal Gambling. The use of rental premises for illegal gaming is an expressly qualifying ground under M.G.L. c. 139, Section 19. This covers the operation of unlicensed gambling activities, bookmaking operations, and similar criminal enterprises conducted from the rental unit. A landlord who becomes aware that a tenant is running an illegal gambling operation from the property has both the legal right and, in many circumstances, a legal obligation to act promptly.
• Prostitution, Assignation, and Lewdness. The use of rental premises for prostitution or related sexual commerce is explicitly enumerated in M.G.L. c. 139, Section 19. This category covers the solicitation, arrangement, or conduct of commercial sexual activity on or from the premises. Landlords who receive complaints from neighbors, law enforcement notifications, or direct evidence of such conduct on their property should consult with a Massachusetts eviction attorney immediately.
• Illegal Weapons Possession (M.G.L. c. 269, Section 10). The illegal keeping of a firearm in violation of M.G.L. c. 269, Section 10, the statute governing unlicensed carrying or possession of a firearm, qualifies as a lease-voiding event under Section 19. Massachusetts has strict firearms licensing requirements, and a tenant who is illegally storing or possessing an unlicensed firearm or other prohibited weapon on the rental premises provides the landlord with a clear and actionable eviction ground.
• Possession or Use of Explosive or Incendiary Devices. The possession or use of explosive or incendiary devices on rental premises is a qualifying ground under M.G.L. c. 139, Section 19. This category reflects the legislature’s recognition that certain forms of criminal conduct pose such an acute danger to the property and the surrounding community that the lease should be immediately voidable.
• Illegal Alcohol Sales and Distribution. The illegal keeping or sale of alcoholic beverages as defined under M.G.L. c. 138, Section 1 is covered under Section 19. This includes the unlicensed sale of alcohol from a residential unit, as well as premises where alcohol is habitually served to visibly intoxicated individuals or to persons the operator knows will be operating a motor vehicle under the influence.
• Violence or Threatened Violence in Assisted Housing. For tenants in public housing or state or federally assisted housing, M.G.L. c. 139, Section 19 also covers acts or threatened acts of violence against housing authority employees or against any person lawfully present on the premises. This provision provides housing authorities and private owners of assisted housing with a meaningful statutory tool to protect staff and other residents from violent tenants.

A Warning to Massachusetts Landlords: The Risk of Inaction

One aspect of M.G.L. c. 139, Section 19 that many Massachusetts landlords do not fully appreciate is that the statute does not merely permit a landlord to act when a tenant engages in qualifying illegal activity — it can, in practice, expose a landlord to liability for failing to act. The Plymouth County District Attorney’s Office operates a documented Landlord Assistance Initiative that notifies landlords when an arrest is made or a search warrant is executed at their property for controlled substance activity. That program makes explicit that landlords who knowingly ignore a tenant’s drug activity on their property could face possible civil action and even criminal prosecution under M.G.L. c. 139, Section 20, which addresses aiding or permitting a nuisance.

The message for every Massachusetts landlord is unambiguous: becoming aware of criminal activity on your property and taking no action does not make you a passive observer, it may make you a participant in the nuisance. Consulting with a Massachusetts eviction attorney the moment you have credible evidence of illegal activity on your property is not optional. It is how you protect yourself, your other tenants, and your investment.

Step-by-Step: How a Massachusetts Landlord Should Proceed When Illegal Activity Is Discovered

The following steps represent the legally correct path for a Massachusetts landlord who has identified qualifying illegal activity and intends to evict the tenant under M.G.L. c. 139, Section 19 and M.G.L. c. 239:

Step 1: Document the Illegal Activity Immediately and Thoroughly

The eviction case you build under M.G.L. c. 139, Section 19 will only be as strong as your evidence. From the moment you become aware of suspected illegal activity, begin maintaining a detailed written log of dates, times, specific observations, and the identities of any witnesses. Collect time-stamped photographs or video footage where available. Preserve all police reports, arrest records, search warrant execution records, and any correspondence from law enforcement relating to the property. Written statements from neighbors, building staff, or other tenants who witnessed the conduct are particularly persuasive in Housing Court. Courts expect solid, credible proof. A case built on hearsay or incomplete records is a case at serious risk of dismissal.

Step 2: Report the Activity to Law Enforcement and Coordinate with the District Attorney

A Massachusetts landlord who is aware of criminal activity on their property should report it to local law enforcement without delay and, where appropriate, contact the district attorney’s office. Many Massachusetts district attorneys maintain active landlord-tenant programs specifically designed to assist property owners in documenting and acting on criminal conduct by tenants. Law enforcement documentation, arrest reports, search warrant affidavits, criminal complaint records, is often the most powerful category of evidence available in an illegal activity eviction case. Coordinating early with law enforcement also protects the landlord from any argument that they tolerated or permitted the nuisance in violation of M.G.L. c. 139, Section 20.

Step 3: Consult a Massachusetts Eviction Attorney Before Serving Any Notice

Before any notice is served or any court filing is made, a Massachusetts landlord should consult with an experienced eviction attorney to confirm that the documented conduct falls within the qualifying categories of M.G.L. c. 139, Section 19, that the evidence is sufficient to sustain the claim in court, and that the correct procedural path is being followed. While Section 19 allows the landlord to proceed without a traditional cure-period notice in many situations, the specific approach, whether a written Notice to Quit is appropriate, how it should be drafted, and when to file the Summary Process complaint, depends on the nature of the tenancy and the specific facts of the case. Getting this step wrong can void the entire eviction effort.

Step 4: Serve the Notice to Quit and File the Summary Process Complaint Under M.G.L. c. 239

Where a written Notice to Quit is appropriate, it must be in writing, served by a licensed constable or sheriff, and clearly identify the illegal activity as the legal basis for termination of the tenancy. Once the notice period, where one applies, has expired and the tenant has not vacated, the landlord files a Summary Process Summons and Complaint in the appropriate Housing Court or District Court under M.G.L. c. 239. For attorneys and all represented parties, electronic filing is mandatory in Massachusetts. The Summons is then served on the tenant by a constable or sheriff, and the case proceeds through the court’s two-tier process toward a trial date.

Step 5: Present the Evidence at Trial and Obtain the Writ of Execution

At trial, the landlord must present credible evidence that the tenant used the premises for qualifying illegal activity under M.G.L. c. 139, Section 19. The eviction proceeding is civil — not criminal — but the evidence must satisfy the judge. Police reports, arrest records, witness testimony, and physical evidence of criminal activity are all directly relevant. If the court finds in the landlord’s favor, a Judgment for Possession is entered. After the 10-day appeal window under M.G.L. c. 239, Section 5, the landlord may request a Writ of Execution, and a licensed constable or sheriff carries out the physical removal following the mandatory 48 hours written notice to the tenant.

Why Illegal Activity Evictions Require an Experienced Massachusetts Eviction Attorney

Eviction cases grounded in illegal activity are among the most legally demanding in Massachusetts landlord-tenant practice. The evidence requirements are substantial. The tenant, in many cases represented by legal aid advocates, will mount aggressive defenses including challenges to the sufficiency of the evidence, the identity of the person who committed the illegal act, and the procedural correctness of the eviction filing. The stakes are high: a dismissed case not only delays the landlord’s recovery of possession but can embolden a tenant who now knows the evidence or procedure was insufficient.

If you are a Massachusetts landlord dealing with criminal conduct on your property, do not wait. Contact Gaudet Law Office today. Every day that illegal activity continues on your property is a day of unnecessary risk to your tenants, your building, and yourself.

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The content provided in this article is published by Gaudet Law Office and is intended for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Reading this article, visiting www.gaudetlawoffice.com, or communicating with Gaudet Law Office through this website or any other medium does not create an attorney-client relationship. No attorney-client relationship is formed unless and until both parties have executed a written engagement agreement.

Massachusetts landlord-tenant law, including M.G.L. c. 139, Section 19 and M.G.L. c. 239 discussed in this article, is subject to amendment, and the application of legal principles varies based on the specific facts and circumstances of each matter. Landlords and property owners are strongly encouraged to consult directly with a licensed Massachusetts attorney before taking any action with respect to a tenancy, eviction, or any other landlord-tenant dispute. Do not act or refrain from acting based solely on the information contained in this article.

Past results in prior matters do not guarantee or predict a similar outcome in any future case. The outcome of any legal matter depends on the unique facts, applicable law, and circumstances of each individual situation. This article constitutes attorney advertising under applicable Massachusetts rules of professional conduct. Gaudet Law Office is licensed to practice law in the Commonwealth of Massachusetts.