Under a new law recently signed into effect, namely, the Affordable Homes Act as Chapter 150 of the Acts of 2024, which became effective in Massachusetts in May 2025 tenants can now petition the Court to seal their records for various eviction cases, under certain circumstances.
Under What Circumstances May Tenants Petition the Court to Seal their Eviction Records?
- Nonpayment of Rent Actions Where Tenant Failed to Pay Amount Owed: The tenant can petition to seal the eviction record if they have had a clean eviction record for four (4) years following the eviction action they are trying to seal.
- Nonpayment of Rent Actions Where Tenant Paid Amount Owed: If the tenant has fully complied with a payment agreement or satisfied a judgment, a tenant can immediately petition for the sealing of the eviction record. If there is no satisfaction of judgment filed, the tenant can petition the court for entry of said judgment and thereafter immediately petition court for sealing of the record.
- No Cause Actions: A tenant may petition the court to seal evictions immediately after the expiration of the appeal period and the petition would generally be allowed without a hearing unless the landlord objects.
- Cause Actions: A tenant may only petition the court after maintaining a clean eviction record for seven (7) years following the cause eviction action tenant is trying to seal. In a cause eviction where the tenancy was voided due to particularly egregious behavior on the part of the tenant, the court must find that the tenant has not been charged with any crimes within the seven-year period and that sealing is in the interest of justice and public safety.
- If the Case is Dismissed or Judgment Entered for Tenant: The tenant may petition to seal the eviction with no notice to landlord.
Please note: In all above instances, except for dismissed actions or where judgment has entered for tenant, the tenant must provide notice to the landlord, and the landlord has seven (7) days from receipt of notice to file an objection. If no objection is filed by a party within seven (7) days of filing the petition, such court may, in its discretion, process such petitions administratively without a hearing. As practical matter there is very little reason for a landlord to object to the sealing of a satisfied judgment, dismissed action, or no cause action unless it happens to be materially intertwined with other pending actions.
In addition to the above, the new law mandates that tenant rental applications must now contain the following language pertaining to eviction sealing:
“An applicant for housing or credit with a sealed record on file with the court pursuant to section 16 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.”
The Attorney General enforces the above provision, and an entity will be found liable if the Attorney General issues a written warning, and the entity fails to address the violation within ninety (90) days.
In summary, the new eviction sealing law may make finding good tenants more challenging for landlords and make avoiding bad ones more difficult. Landlords should continue to use all legal tools at their disposal to thoroughly vet prospective tenants but cannot force tenants to disclose evictions that have been sealed and are no longer a part of the public record.
If you have questions or would like to discuss these matters, please contact Drayton Law at 508-618-7309.
This blog is for informational purposes only. It should not be considered legal advice. All those who read this blog should seek the advice of a professional before taking action based upon any information provided herein.
