Criminal Activity Evictions in Massachusetts
When a tenant, a household member or a guest uses a rental property for drug dealing or other serious criminal activity, the safety of neighbors and other tenants is at stake, and so is the landlord's property. Massachusetts law gives landlords tools to act quickly in these cases, but the process must be handled with care. Botelho Law Group helps landlords across Massachusetts with criminal activity evictions. Attorney Botelho is a former Massachusetts Assistant District Attorney, so he understands both the housing case and the criminal case that often runs alongside it. Free consultation in English, Portuguese or Spanish.
The legal basis for a criminal activity eviction
Massachusetts landlords have several possible paths when there is criminal activity at a rental property:
| Path | When it applies | What it can do |
|---|---|---|
| Illegal use of the premises (Chapter 139, Section 19) | A tenant or occupant uses the property for certain illegal purposes, such as drug dealing, illegal gambling, prostitution or illegal weapons | Makes the lease or tenancy void and allows the landlord to seek possession, often on an expedited basis |
| Lease violation | The lease prohibits criminal activity, nuisance or threats to others | Allows the landlord to end the tenancy for cause, usually with a 30-day notice to quit or the notice the lease requires |
| Tenancy at will termination | The tenant has no lease | Allows the landlord to end the tenancy with a 30-day notice to quit; documenting the conduct keeps it a fault eviction and helps avoid long stays |
| Injunctive relief | There is an urgent threat to safety | Allows the court to order the tenant to stay away, or to stop the conduct, while the case is pending |
The right path depends on the type of tenancy, the evidence and how urgent the situation is.
Illegal use under Chapter 139, Section 19
Under this law, when a tenant or occupant uses a rental property for certain illegal purposes, the lease or occupancy can be treated as void, and the landlord can take steps to recover possession. The law covers conduct such as:
- Illegal keeping, sale or manufacture of controlled substances
- Illegal gambling
- Prostitution
- Illegal keeping or sale of alcohol
- Illegal possession of firearms or other weapons, in some cases
The landlord does not need to wait for a criminal conviction. The housing case is decided on its own evidence, under a lower standard of proof than a criminal case. Courts often hear these cases on an expedited basis, especially when there is a continuing danger.
Evidence in criminal activity evictions
Because the landlord must prove the illegal activity, evidence matters. Useful evidence can include:
- Testimony from police officers who investigated, searched the unit or made arrests
- Search warrant returns and inventories of what was found
- Testimony from neighbors, other tenants and property staff
- Security camera video
- Photos of the unit and any damage
- Records of complaints and incidents
Police reports alone may not be enough, because of the rules against hearsay. Witnesses may need to be subpoenaed to testify. Planning the evidence early, and coordinating with the police department, can make the difference.
When there is a pending criminal case
Criminal activity evictions often run at the same time as a criminal case against the tenant or a household member. This creates special issues:
- The tenant may refuse to testify in the housing case to avoid incriminating themselves
- Police and prosecutors may be cautious about sharing evidence while their case is open
- The outcome of one case does not decide the other
As a former Assistant District Attorney, Attorney Botelho knows how prosecutors and police handle evidence and witnesses, and he can plan the housing case with the criminal case in mind.
Lease violations and nuisance
Even when the conduct does not fit the illegal use law, a lease that prohibits criminal activity, nuisance, threats or interference with other tenants can support an eviction for cause. The landlord serves a notice to quit as the lease and the law allow, then files a summary process case and proves the violation at trial. Clear lease language helps, so landlords should review their leases before problems arise.
Urgent safety threats
When a tenant’s conduct puts others in immediate danger, the landlord can ask the Housing Court for emergency orders, such as an order that the tenant stay away from other tenants, stop specific conduct, or not allow certain people on the property. These orders can protect other residents while the eviction case moves forward.
Household members and guests
Criminal activity is sometimes committed by a household member or guest, not by the tenant named on the lease. Whether the tenant can be evicted depends on the lease, the tenant’s knowledge and control, and the type of housing. In public and federally assisted housing, federal rules allow eviction for drug-related or violent criminal activity by household members and guests in many situations. In private housing, the lease terms and the facts are especially important.
Public and subsidized housing
Public housing authorities and federally assisted properties have their own rules for criminal activity evictions, including grievance procedures and, in some cases, expedited processes for serious crimes. Landlords who rent to tenants with Section 8 vouchers must also give the housing authority copies of certain notices. Following the program rules is essential.
Protections for victims
Massachusetts law protects tenants who are victims of domestic violence, rape, sexual assault or stalking. A landlord generally may not evict a tenant because they are a victim of these crimes, or because police were called to help them. Victims may also have the right to end a lease early, and to have the locks changed. When the criminal activity involves a victim and an abuser in the same household, the landlord should get advice before taking action.
Fair housing considerations
Evictions must be based on actual conduct, not on stereotypes or on a person’s arrest record alone. Fair housing laws prohibit discrimination based on race, national origin, disability and other protected classes. Treating similar conduct the same way across tenants, and documenting the facts, protects the landlord.
The landlord’s responsibility to other tenants
Landlords have a duty to take reasonable steps to keep their properties safe. Ignoring known criminal activity can expose a landlord to claims by other tenants and, in some cases, to legal consequences under nuisance laws. Acting promptly and lawfully protects both residents and the owner.
Lease terms that help
A well-written lease makes a criminal activity case easier to prove and faster to resolve. Landlords should consider lease terms that:
- Prohibit illegal activity on the property by tenants, household members and guests
- Prohibit conduct that threatens the health or safety of other residents or neighbors
- Make the tenant responsible for guests’ conduct
- Allow the landlord to end the tenancy for a material violation, with the notice the law permits
- Require tenants to list all household members
Leases must still follow Massachusetts law. Some terms, such as waivers of tenant rights, are not enforceable, so have the lease reviewed.
After the tenant leaves
Once the tenant has moved out, document the condition of the unit with photos and video before cleaning or repairs. If police seized items or the unit was damaged during a search, keep records for any claim against the security deposit or the former tenant. Change the locks, review who has keys, and consider security improvements, such as lighting and cameras in common areas, to prevent the problem from returning.
What landlords should not do
- Do not change the locks, remove the tenant’s belongings or shut off utilities. Self-help eviction is illegal, even in criminal activity cases.
- Do not confront the tenant or try to investigate on your own in a way that puts you or others at risk.
- Do not accept rent after serving a notice without a use and occupancy reservation.
- Do not publicize accusations about the tenant.
The court process
- Assess the evidence and the path. Decide whether to proceed under the illegal use law, a lease violation, a 30-day notice based on the tenant’s conduct, or a combination.
- Notice. Serve the appropriate notice, if one is required.
- Filing. File a summary process case and, if needed, a request for emergency orders or an expedited hearing.
- Hearing. Present witnesses and evidence.
- Judgment and execution. If the landlord wins, request an execution and coordinate the move-out with a sheriff or constable.
Clients who speak Portuguese or Spanish
Many property owners we help, and many tenants and witnesses, speak Portuguese or Spanish. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho. They help gather witness information and explain each step of the case.
What to bring to your consultation
- The lease or rental agreement
- Police reports, incident numbers and officer names, if known
- Any search warrant or arrest information you have received
- Names of witnesses and their contact information
- Photos, video and records of complaints
- Any notices already served
How we help
Free consultation
We review the facts and the right path, in English, Portuguese or Spanish, and explain the cost.
Strategy
We choose between the expedited illegal use path, a lease violation case and a 30-day notice based on the tenant’s conduct.
Evidence
We gather records, subpoena witnesses and coordinate with police.
Court representation
We seek emergency orders when needed and present the case at trial.
Move-out
We request the execution and coordinate with the sheriff or constable.
Related pages
Frequently asked questions
Can I evict a tenant for drug dealing in Massachusetts?
Yes. Using a rental property for drug dealing and certain other illegal purposes can void the tenancy and allow the landlord to seek possession, often on an expedited basis.
Does the tenant have to be convicted first?
No. The housing case is decided on its own evidence, under a lower standard of proof than a criminal case.
Are police reports enough evidence?
Often not by themselves. Police officers and other witnesses may need to testify, and planning the evidence early is important.
Can I change the locks if the tenant was arrested?
No. Self-help eviction is illegal, even after an arrest. You must use the court process.
What if a guest committed the crime, not the tenant?
It depends on the lease, the tenant’s knowledge and control, and the type of housing. Get advice on the facts.
Can I evict a tenant who is a victim of domestic violence?
Generally not because of their status as a victim. The law protects victims, and the landlord should get advice before acting.
How fast can a criminal activity eviction happen?
Courts often schedule these cases on an expedited basis, and emergency orders can protect others in the meantime. The timeline depends on the evidence and the court.
Do you handle criminal activity evictions anywhere in Massachusetts?
Yes. Botelho Law Group represents property owners across Massachusetts.
Can you help in Portuguese or Spanish?
Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.
Talk with us about criminal activity at your property
Tell us what has happened, any police involvement and the type of tenancy. We will explain the fastest lawful path and the next steps.