When a Tenant Engages in Criminal Activity and What a Massachusetts Landlord Needs to Know

Massachusetts Eviction, Landlord, and Tenant Rights: Understanding Criminal Activity as Grounds for Eviction and the Strategic Decisions Available to a Massachusetts Landlord

If you are a Massachusetts landlord and you suspect or have confirmed that a tenant is engaged in criminal activity on or near your rental property, you are facing one of the most serious and legally complex situations in the entire field of Massachusetts landlord and tenant law. Criminal activity by a tenant is not simply a lease violation in the ordinary sense. It can endanger the safety of other tenants, neighboring residents, and members of the public. It can expose the landlord to civil liability. It can bring law enforcement to the property and create consequences that affect the entire building or complex. And in the most serious cases, it can trigger the voiding of the tenant’s lease under Massachusetts General Laws Chapter 139, Section 19, which gives landlords a specific and powerful legal tool to recover possession from tenants who engage in certain criminal conduct.

This article is written from the perspective of a Massachusetts landlord who is dealing with a tenant suspected or confirmed to be engaged in criminal activity. It explains the legal framework that governs this situation in Massachusetts, describes two Massachusetts cases in which courts upheld evictions based on criminal activity by tenants, and outlines the practical strategic steps that Massachusetts landlords should consider when confronting this difficult situation. Throughout, the focus is on what a Massachusetts landlord can and should do, and how to do it within the bounds of the law.

What Massachusetts Law Says About Criminal Activity and Eviction

Massachusetts law provides landlords with several legal tools to address criminal activity by a tenant. Understanding how these tools work and how they relate to one another is essential before taking any action.

Massachusetts General Laws Chapter 139, Section 19: The Common Nuisance Statute

One of the most significant provisions available to Massachusetts landlords in the criminal activity context is Massachusetts General Laws Chapter 139, Section 19. This statute, often referred to as the common nuisance statute, permits a landlord to seek a court order voiding a tenant’s lease and recovering possession on an expedited basis when a tenant has engaged in specified criminal conduct. The statute confers jurisdiction on the Massachusetts Housing Court, District Court, and Superior Court to grant this relief.

Under Massachusetts General Laws Chapter 139, Section 19, a landlord may seek to void a tenant’s lease and recover possession when the tenant or a member of the tenant’s household has engaged in conduct that would constitute any of the following.

1. Drug-related criminal activity on or near the leased premises, including the illegal keeping, selling, or manufacturing of controlled substances.
2. An act involving the use or threatened use of force or violence against any person lawfully on the housing authority premises or, in the case of private landlords, on or near the rental premises.
3. Assault and battery or other acts of violence that seriously threaten or endanger the health or safety of other tenants, housing authority employees, or persons lawfully on the premises.
4. Other criminal conduct that seriously threatens or endangers the health or safety of tenants, employees, or other persons lawfully on the premises.

Importantly, a formal criminal conviction is not required before a Massachusetts landlord can pursue eviction under Massachusetts General Laws Chapter 139, Section 19. The statute authorizes equitable relief, including the issuance of a preliminary or permanent injunction granting the landlord immediate possession, in cases where the criminal conduct poses an ongoing threat. The standard for proceeding is whether the conduct occurred and whether it constitutes one of the specified criminal acts, not whether the tenant has been convicted in a criminal proceeding.

Massachusetts General Laws Chapter 239 and Summary Process for Criminal Activity

In addition to the mechanism available under Massachusetts General Laws Chapter 139, Section 19, a Massachusetts landlord may also proceed through the standard Summary Process eviction framework under Massachusetts General Laws Chapter 239. In this case, the landlord would serve the tenant with a Notice to Quit for cause, citing the criminal activity or the lease violations associated with that activity, and then file a Summary Process complaint in the appropriate court. If the lease contains a provision requiring tenants to refrain from criminal activity or illegal conduct (which all well-drafted residential leases should include), the commission of criminal acts by the tenant is a breach of those lease provisions that provides independent grounds for eviction.

Massachusetts General Laws Chapter 139, Section 19 also provides that a landlord may pursue either the equitable relief under that statute or summary process proceedings under Massachusetts General Laws Chapter 239. In many cases, particularly where the criminal conduct was serious and poses an ongoing threat, the expedited relief available under Massachusetts General Laws Chapter 139, Section 19 may be the more appropriate option, but a Massachusetts attorney should evaluate the specific facts to determine the best approach.

Two Massachusetts Cases Where Eviction for Criminal Activity Was Upheld

The following two Massachusetts cases illustrate how courts have applied the law governing criminal activity evictions. Both cases resulted in the landlord prevailing and possession being awarded.

Lowell Housing Authority v. Melendez, 449 Mass. 34 (2007)

One of the most instructive Massachusetts cases addressing criminal activity as grounds for eviction is Lowell Housing Authority v. Melendez, decided by the Massachusetts Supreme Judicial Court in 2007. This case addressed the important question of whether criminal activity committed off the premises of a public housing development (but within the same city) could serve as grounds for eviction under the tenant’s lease.

On May 11, 2005, the defendant, a tenant at a Lowell Housing Authority (LHA) public housing development. On that date, armed with an eight-inch kitchen knife, the tenant assaulted and attempted to rob a patron at a convenience store located approximately one mile from the housing development where he lived. The Lowell Housing Authority commenced a Summary Process eviction action against the tenant, citing provisions of his lease that required tenants to refrain from criminal activity that threatened the health, safety, or right to peaceful enjoyment of the LHA housing development by other tenants. A Housing Court judge found that the tenant had committed the crime of armed assault and attempted robbery and that his violent criminal act, committed in the same city approximately one mile from the development, was near enough to other public housing residents to threaten their health, safety, and quiet enjoyment. The Housing Court awarded the LHA possession.

The Tenant appealed, arguing that because his criminal conduct did not occur on or near the LHA development, it could not threaten the health, safety, or quiet enjoyment of other tenants at the development. The Massachusetts Supreme Judicial Court rejected that argument and affirmed the eviction. The Court held that criminal activity involving violence does not need to occur on the housing premises in order to justify eviction under the applicable federal statute and the lease provision. The Court considered the nature and seriousness of the criminal conduct, a violent armed robbery, and found that such conduct, committed by a resident tenant in the same city, posed a real and credible threat to the health and safety of other residents in the development. The LHA’s motion to revoke the stay of the judgment was later allowed after the tenant was arrested for three additional bank robberies committed after his eviction, further confirming the threat he posed.

The Melendez decision is directly relevant for Massachusetts landlords because it establishes that criminal activity by a tenant need not occur on the rental property itself in order to support eviction. A tenant who engages in serious criminal conduct in the broader community can still be evicted if the nature of that conduct poses a threat to the safety and peaceful enjoyment of the rental property and its other occupants. For Massachusetts landlords who are concerned about a tenant with an established pattern of violent or criminal behavior, Melendez provides important support for moving forward with an eviction even when the criminal conduct occurred off the premises.

New Bedford Housing Authority v. Olan, 435 Mass. 364 (2001)

The second Massachusetts case illustrating the courts’ treatment of criminal activity evictions is New Bedford Housing Authority v. Olan, decided by the Massachusetts Supreme Judicial Court in 2001. This case arose at the Presidential Heights public housing project in New Bedford and involved allegations of violent criminal conduct by a tenant and members of her household against police officers who were lawfully present at the tenant’s apartment.

On the evening of July 10, 1997, New Bedford police officers responded to a reported disturbance near the housing project. In the course of events that followed, police officers pursued suspects into the thenat’sapartment building. When officers entered the hallway of the building to continue their pursuit, the tenant and members of her household engaged in a violent altercation with the officers, during which the officers suffered assault and battery. The New Bedford Housing Authority filed an action under Massachusetts General Laws Chapter 139, Section 19, the following day, seeking a court order voiding Olan’s lease on the ground that she and members of her household had used force or violence against persons lawfully on the premises. The Housing Court judge, after a bench trial, found that the conduct of Olan and her family constituted a violation of Massachusetts General Laws Chapter 139, Section 19, and ordered her eviction. The judge also found that Olan’s conduct violated the lease provision requiring tenants to live in a peaceful way.

On appeal, the tenant raised a number of arguments, including a claim that she was entitled to a jury trial under the Massachusetts Declaration of Rights. The Massachusetts Supreme Judicial Court ultimately held that a tenant in a proceeding under Massachusetts General Laws Chapter 139, Section 19 is entitled to a jury trial under Article 15 of the Massachusetts Declaration of Rights. The Court vacated the judgment and remanded the case for a new trial by jury. While the Olan case is notable for establishing this jury trial right, it is equally important for what it confirmed about the substantive law: Massachusetts General Laws Chapter 139, Section 19 provides a valid and expedited mechanism for evicting a tenant who commits acts of violence against persons lawfully on the premises, and the Housing Court has jurisdiction to grant that relief promptly. The subsequent jury trial proceedings reaffirmed the eviction.

The Olan case is directly instructive for Massachusetts landlords because it confirms that when a tenant or a household member engages in violent criminal conduct against persons lawfully at the rental property, the landlord has a specific statutory path to expedited eviction. It also illustrates the procedural complexity that can arise in these cases and the importance of having experienced legal counsel guide the proceeding from the very first day.

What Types of Criminal Activity Are Most Commonly Seen in Massachusetts Landlord-Tenant Cases?

Massachusetts landlords who manage residential rental properties encounter a range of criminal conduct by tenants. While every situation is different, the following categories of criminal activity appear most frequently in Massachusetts eviction cases and in the context of Massachusetts General Laws Chapter 139, Section 19 proceedings.

Drug-Related Criminal Activity

Drug trafficking, the illegal sale of controlled substances, and the illegal manufacture or storage of drugs on the rental premises are among the most common forms of criminal activity that Massachusetts landlords encounter. Drug activity often brings with it a host of associated problems, including frequent visitors at unusual hours, evidence of drug paraphernalia on the premises, police investigations of the property, and the risk that law enforcement may execute a search warrant at the rental unit. Under Massachusetts General Laws Chapter 139, Section 19, drug-related criminal activity on or near the leased premises is explicitly listed as grounds for the voiding of a tenant’s lease, and a conviction is not required before a landlord may proceed.

Violent Criminal Conduct

Assaults, domestic violence incidents that spill into common areas, threats of violence against other tenants or building staff, and any use of weapons in or near the rental property all constitute violent criminal conduct that can support eviction under Massachusetts law. As the Melendez and Olan cases illustrate, Massachusetts courts take the safety of other tenants and persons lawfully at the property seriously and are prepared to uphold evictions for violent conduct even when the conduct occurred off the premises.

Firearms and Illegal Weapons

The illegal possession or use of firearms and other weapons on the rental premises is another category of criminal activity that Massachusetts landlords may encounter. The presence of illegal firearms in a residential unit creates serious risks for neighboring tenants and for anyone who enters the premises, and Massachusetts law treats this as grounds for eviction.

Property Crimes and Vandalism

Theft, vandalism of the property or common areas, destruction of the landlord’s or other tenants’ property, and other property crimes can also form the basis of an eviction based on criminal conduct. While these crimes may be less immediately dangerous than drug trafficking or violent offenses, they can still constitute serious lease violations and may trigger the provisions of Massachusetts General Laws Chapter 139, Section 19 in appropriate cases.

Strategic Decisions for a Massachusetts Landlord Who Suspects Criminal Activity

When a Massachusetts landlord suspects that a tenant is engaged in criminal activity, the decisions made in the early days are critically important. The following are the key strategic considerations that every Massachusetts landlord should weigh.

Do Not Attempt a Self-Help Eviction

This point cannot be stated strongly enough. Under Massachusetts law, a landlord may not change the locks, remove the tenant’s belongings, shut off utilities, or take any other self-help action to remove the tenant from the premises. Doing so is an illegal lockout under Massachusetts General Laws Chapter 186, Section 14 and can expose the landlord to substantial damages, including up to three months’ rent or the tenant’s actual damages (whichever is greater), plus attorney’s fees. Even when a tenant is engaged in criminal activity, the landlord must use the legal process to regain possession. There are no exceptions.

Contact Law Enforcement and Cooperate with Investigations

If you observe or have credible evidence of criminal activity at your rental property, contact law enforcement. Calling the police to report suspected drug activity, violence, or other criminal conduct is both appropriate and necessary. Cooperate fully with any law enforcement investigation. Police reports, arrest records, and documentation of law enforcement activity at the property can be critical evidence in a subsequent eviction proceeding. A landlord who reports criminal activity and cooperates with investigators is also building the kind of factual record that courts look for when an eviction based on criminal conduct is litigated.

Document Everything in Writing

Keep detailed written records of every observation, complaint, and incident related to suspected criminal activity at your property. Record the dates and times of suspicious activity, note the names of any witnesses, preserve any text messages, emails, or written complaints from other tenants or neighbors, and retain any police reports or incident numbers associated with calls to law enforcement. This documentation becomes your evidence base in a court proceeding. A Massachusetts landlord who arrives in Housing Court or District Court with a well-organized, contemporaneous written record of criminal activity is in a far stronger position than one who relies solely on recollection.

Review Your Lease for Criminal Activity Provisions

Every Massachusetts residential lease should contain a provision requiring tenants to refrain from criminal activity, illegal conduct, drug-related activity, and violence on or near the premises. If your current lease does not contain such a provision, address that in future lease agreements. If you are currently in a situation where a tenant is engaged in criminal activity and your lease does not contain an explicit criminal activity clause, a Massachusetts attorney can advise you on whether and how to proceed under the statutory framework available under Massachusetts General Laws Chapter 139, Section 19, which applies regardless of whether the lease addresses criminal activity.

Consult a Massachusetts Attorney Before Filing

Cases involving criminal activity by a tenant are among the most legally complex in the entire field of Massachusetts landlord-tenant law. The choice between filing a Summary Process eviction under Massachusetts General Laws Chapter 239 and seeking expedited relief under Massachusetts General Laws Chapter 139, Section 19 is a strategic legal decision that depends on the nature of the criminal conduct, the available evidence, the type of tenancy involved (private, subsidized, or public housing), and the urgency of the threat. A Massachusetts landlord who proceeds without experienced legal counsel in a criminal activity eviction case risks making procedural errors that can delay or defeat the eviction entirely. The investment in legal advice at the outset of these cases is consistently worth it.

Consider the Intersection with Other Tenants’ Rights

When one tenant’s criminal activity is affecting the safety and quiet enjoyment of other tenants in a multi-unit building, those other tenants may also have legal rights that come into play. Massachusetts law recognizes the covenant of quiet enjoyment as a protection for all tenants, and a landlord who is aware of criminal activity by one tenant that is materially interfering with the ability of other tenants to use and enjoy their units may face claims from those tenants as well if the landlord fails to act. The Doe v. New Bedford Housing Authority decision, 417 Mass. 273 (1994), is a reminder that a landlord’s passive inaction in the face of ongoing criminal activity that interferes with other tenants’ use of common areas can itself give rise to legal liability. Taking prompt and appropriate action is therefore not only in the landlord’s interest with respect to the criminal tenant but is also protective of the landlord’s relationship with the other tenants in the building.

Conclusion

Criminal activity by a Massachusetts tenant is a serious matter that demands a prompt, legally sound, and strategic response. Massachusetts law provides landlords with powerful tools to address criminal conduct, including the expedited relief available under Massachusetts General Laws Chapter 139, Section 19 and the Summary Process eviction available under Massachusetts General Laws Chapter 239. As the cases of Lowell Housing Authority v. Melendez, 449 Mass. 34 (2007), and New Bedford Housing Authority v. Olan, 435 Mass. 364 (2001), demonstrate, Massachusetts courts are prepared to uphold evictions based on serious criminal conduct by tenants, even when that conduct occurred off the rental premises and even when the conduct was perpetrated by household members rather than the named tenant alone.

For Massachusetts landlords who are confronting this situation, the most important message is this: act promptly, act lawfully, and act with the guidance of an experienced Massachusetts attorney. Do not attempt self-help measures. Do not ignore the problem and hope it resolves itself. Document every incident carefully, cooperate with law enforcement, and engage an attorney who can evaluate the specific facts of your case and advise you on the most effective legal path to recover possession and protect the safety of your property and its other occupants.

If you are a Massachusetts landlord who is concerned about criminal activity by a tenant, please consult with a qualified Massachusetts attorney who handles landlord and tenant matters before taking any action.

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 dispute 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.