Massachusetts general law chapter 186, sections 23-29, provides that under certain circumstances and conditions a tenant may be able to have their locks changed or end their tenancy. The intent of the legislature in the drafting of this law appears to be to provide domestic violence victims in Massachusetts some ability to take minimal protective actions, and in some instances, to get out from under a lease or rental agreement. This article is written for both victims of domestic violence as part of Attorney Gaudet’s family law practice, as well as for landlords and tenants who wish to understand how this law impacts them.
Terminating a Rental Agreement or Quitting a Lease
A victim of domestic violence is defined in section 23 of the chapter 186 as the occurrence of 1 or more of the following between family or a household member: (a) attempting to cause or causing physical harm, (b) placing another in fear of imminent serious physical harm, and/or (c) causing another to engage involuntarily in sexual relations by force, threat, or duress. When a victim of domestic violence meets the above definition, in Massachusetts that person must notify the property owner of the termination of the rental agreement or tenancy within three months of the most recent act of domestic violence or within the occurrence of a reasonable fear of a member of the tenant’s household of imminent serious physical harm from domestic violence.
For your information, the provisions of this law also apply to victims of rape, sexual assault and stalking, but these provisions are beyond the scope of this article.
Owner Can Request Proof
It is important to understand that out of fairness to the owner of the property, typically the landlord, the legislature has allowed room for the owner to request that the tenant prove the tenant’s status as a victim of domestic violence. For example, an property owner can request the name of the perpetrator if known, and some other details of the incident to give them some understanding of the matter.
Acceptable Proof
Providing evidence to another person of the details of your circumstances can feel violative, and in some cases add to the stress of the event on the domestic violence victim. Still, this Massachusetts law attempts to minimize some of the effects of this stress by detailing the forms of proof which, if requested by a Massachusetts landlord, are acceptable for the tenant to provide, as follows:
- A copy of a protection order under Chapter 209A or 258E obtained by the tenant, co-tenant or household member
- A record from a federal, state, or local court or law enforcement of an act of domestic violence and the name of the perpetrator if known; or
- A written verification from any other third party (qualified) to whom the tenant, co-tenant or household member reported the domestic violence. The verification must include the organization name, date of incident, perpetrator name if known, and a verification under the penalty of perjury that the verification is true and correct
Confidentiality
It is incumbent upon the owner of the property to keep any such verification or other information that pertains to proof offered to the owner by a tenant as to the report of domestic violence confidential. Confidentiality is addressed in this Massachusetts law as being a requirement of the owner’s possession of such information, which incidentally implies that there is a degree of unspecified liability for a failure to keep such information confidential.
A Tenant Exercising this Option Must Carry it Out
Where a tenant who has been a victim of domestic violence decides that he or she must leave their apartment by breaking the lease or rental agreement, they must actually leave the apartment within three months of the written notification to the owner. If the tenant fails to leave within that time period, the notice to terminate the rental agreement or the tenancy is void.
What About my Roommate or Co-Tenant?
Under this Massachusetts law, a roommate or co-tenant does not have the same protections as the tenant who is a victim of domestic violence if that roommate or co-tenant is a party to the lease or rental agreement. In fact, such a roommate or co-tenant who does leave the apartment with the tenant who is the victim of domestic violence and who leaves personal belongings on the premises will have those belongings subject to disposal under applicable Massachusetts law.
There is a small caveat here for co-tenants or roommates party to the original lease in that those individuals may indicate in writing action that may be taken to secure those belonging and that the property is their property, in which case the owner may not be able to dispose of such property.
Changing Locks
For tenants seeking a smaller degree of protection and security of their persons, this Massachusetts law allows those tenants to request a change of locks where that tenant, co-tenant or household member is believed to be under immediate threat of domestic violence. Here, and only here, household member refers to those individuals living with the tenant or co-tenant who is an authorized occupant and 18 years old or older or who is an emancipated minor.
Similarly, owners may request proof of domestic violence status of the party requesting a change of locks. Owners have 2 business days to make a good faith effort to change those locks or give consent to have the requesting party make that change. Owners are allowed to charge a reasonable expense for changing locks.
Failure on the part of an owner to make the requested change results in the party requesting the change of locks to do so without the owner’s permission, with the requesting party providing keys to the owner within 2 business days of the lock change.
Future Rental Issues for a Tenant Exercising Massachusetts Law Related to Avoiding Rental or Lease Agreement
The Massachusetts law that is the subject of this article prevents an owner from refusing to enter into a rental agreement, or a housing subsidy provider from denying assistance, based upon the applicants termination of a rental agreement under section 24, or upon that tenant’s request for a change of locks under section 26.
Conclusion
Massachusetts provides a reasonable solution, in my opinion, to the problem that domestic violence victims face when considering how to manage their living situation. In instances where the perpetrator knows where the domestic violence victim lives, which is most if not all circumstances, the victim is allowed to take some action to protect themselves.
Keep in mind that this article does not deal with every potential circumstance or real situation that a Massachusetts resident may be experiencing. I recommend contacting our offices to inform us as to the specific circumstances that you face if you are a tenant and a victim of domestic violence so that we can best inform you as to your options. Alternatively, if you are a Massachusetts landlord, you may need guidance as to how to respond to a tenant who has finds themselves a victim of domestic violence.
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