Most landlords are familiar with the traditional eviction process and the time it can take to regain possession of a rental property. However, many Massachusetts property owners are unaware that state law provides an alternative remedy when tenants engage in certain types of criminal activity on the premises. In situations involving serious unlawful conduct, landlords may have the right to void a tenancy and seek immediate court intervention rather than proceeding solely through the standard summary process eviction route.
Massachusetts General Laws Chapter 139, Section 19 provides landlords with a powerful legal tool designed to protect residents, neighboring tenants, property owners, and communities from dangerous or unlawful activities occurring within rental properties. Understanding how this statute works can help landlords respond quickly and appropriately when criminal conduct threatens the safety and integrity of their properties.
Understanding Chapter 139, Section 19
Chapter 139, Section 19 addresses situations where a tenant or occupant uses a rental property for certain unlawful purposes. When qualifying criminal activity occurs, the law permits the landlord to treat the lease or tenancy as void and seek court orders requiring the tenant to vacate the premises.
Unlike a traditional eviction based on nonpayment of rent or lease violations, this statute recognizes that some forms of criminal conduct present an immediate threat to the property, neighboring residents, or the public. As a result, landlords may be entitled to expedited legal remedies that are not typically available through the standard eviction process.
The statute is intended to provide property owners with an effective method of addressing serious criminal activity while still ensuring that tenants receive notice, an opportunity to be heard, and appropriate due process protections.
Criminal Activities Covered by the Statute
Not every criminal offense committed by a tenant will trigger the protections of Chapter 139, Section 19. Instead, the law specifically identifies certain categories of unlawful conduct that may allow a landlord to void the tenancy.
Among the activities covered by the statute are prostitution, assignation, lewdness, illegal gaming operations, and the unlawful keeping or sale of alcoholic beverages. The law also addresses situations involving the illegal keeping, sale, or manufacture of controlled substances.
Additionally, the statute applies to the illegal possession of certain weapons and the possession or use of explosive or incendiary devices. Certain property crimes involving explosives and other dangerous conduct may also qualify under the statute’s provisions.
For public housing and state or federally assisted housing, the law extends to situations where a tenant or household member commits crimes involving the use or threatened use of force or violence against housing authority employees or other persons lawfully present on the property.
Because the statute contains specific legal requirements and definitions, landlords should consult experienced legal counsel before relying on Chapter 139, Section 19 as the basis for tenant removal.
How Criminal Activity Can Void a Lease
One of the most significant aspects of the statute is that qualifying criminal conduct can automatically affect the tenant’s right to possession. The law states that certain unlawful uses of the property may annul and make void the lease or other title under which the tenant occupies the premises.
In practical terms, this means that the landlord may no longer be required to continue recognizing the tenancy after the qualifying conduct occurs. Instead, the right of possession may revert back to the property owner, allowing the landlord to pursue legal remedies to regain control of the premises.
This provision reflects the legislature’s recognition that landlords should not be forced to maintain a landlord-tenant relationship when the property is being used for serious unlawful purposes that endanger others or damage the community.
Seeking Immediate Court Relief
One of the most valuable features of Chapter 139, Section 19 is the ability for landlords to seek equitable relief from the court. Rather than relying exclusively on the traditional summary process eviction timeline, a landlord may petition the court for orders requiring the tenant to vacate the premises.
The statute authorizes courts to grant both preliminary and permanent injunctions when appropriate. In certain circumstances, a court may issue a preliminary injunction granting the landlord possession of the property and may order an execution for possession to be carried out immediately.
This can provide a much faster path to removing dangerous or disruptive occupants than waiting for a traditional eviction case to work its way through the court system. For landlords dealing with drug activity, weapons violations, or other serious criminal conduct, the ability to seek immediate judicial intervention can be critical.
Due Process Protections for Tenants
Although Chapter 139, Section 19 provides powerful remedies for landlords, it does not eliminate the rights of tenants. Before any injunction may be issued, the tenant must receive notice and have an opportunity to participate in a hearing.
During the hearing, tenants are entitled to confront and cross-examine witnesses and present legal or equitable defenses. These procedural safeguards help ensure that the court carefully evaluates the evidence before ordering removal from the property.
For housing authorities and providers of state or federally assisted housing, additional requirements apply. These entities must proceed through notice, hearing, and a decision on the merits before utilizing the remedies available under the statute.
Landlords should remember that allegations alone are generally insufficient. Courts will expect evidence supporting the claim that the qualifying criminal activity occurred and that the statutory requirements have been satisfied.
Why This Law Matters for Property Owners
Property owners often face difficult situations when criminal activity occurs on their properties. Other residents may feel unsafe, neighboring tenants may choose to leave, and the property’s reputation can suffer significant harm. In some cases, landlords may also face liability concerns if they fail to address dangerous conditions or ongoing criminal behavior.
Chapter 139, Section 19 provides a mechanism for landlords to act decisively when serious unlawful conduct threatens the safety and well-being of others. Rather than being forced to wait through a lengthy eviction process, property owners may have access to legal remedies specifically designed to address criminal nuisance situations.
This statute can be particularly important in multifamily housing environments where the actions of a single tenant can impact numerous residents and create substantial risks for the community.
The Importance of Acting Quickly and Strategically
When landlords become aware of criminal activity occurring on their properties, prompt action is essential. Delays can lead to additional incidents, increased liability exposure, and further disruption for neighboring residents.
At the same time, property owners must proceed carefully. Successfully utilizing Chapter 139, Section 19 requires a thorough understanding of the law, proper documentation, and strategic presentation of evidence. Mistakes in procedure or insufficient evidence can delay relief and complicate the legal process.
Working with experienced landlord-tenant counsel can help property owners evaluate whether the statute applies, determine the strongest legal strategy, and pursue the appropriate remedies available under Massachusetts law.
Protecting Your Property and Your Community
Massachusetts landlords have important rights when tenants engage in serious criminal activity on rental property. Chapter 139, Section 19 provides a valuable alternative to traditional eviction proceedings by allowing landlords to void a tenancy and seek immediate court intervention in qualifying cases.
If you suspect criminal activity is occurring at your property, understanding your legal options is critical. Early intervention can help protect your investment, preserve the safety of your residents, and restore order to your rental community.
Consulting with knowledgeable legal counsel can help you determine whether Chapter 139, Section 19 applies to your situation and ensure that you take the appropriate steps to protect your property and enforce your rights under Massachusetts law.
Need Help Addressing Criminal Activity at Your Rental Property?
When criminal activity occurs on your property, time matters. Understanding whether Massachusetts General Laws Chapter 139, Section 19 applies to your situation can make a significant difference in how quickly and effectively you are able to protect your property, your residents, and your investment.
The experienced landlord-tenant attorneys at Drayton Law can help you evaluate your options, determine the best course of action, and guide you through the legal process of regaining possession of your property when serious criminal conduct is involved.
To discuss your situation and learn more about your rights as a Massachusetts landlord, call Drayton Law today at (508) 618-7250 to schedule a consultation.
