Retaliation Is Illegal: How Massachusetts Protects Tenants Who Speak Up
If your rent goes up or you get a termination notice within 6 months of reporting a problem, Massachusetts law presumes your landlord is retaliating — and the burden shifts to them to prove otherwise.
M.G.L. c. 186 §18 makes it illegal for a Massachusetts landlord to retaliate against a tenant for reporting code violations, joining a tenants' union, or asserting other legal rights — and creates a powerful 6-month presumption in the tenant's favor.
BLUF: The 6-Month Presumption
🛡️What Counts as a Protected Activity
- •Reporting a suspected health or building code violation to the board of health, a housing inspector, or your landlord directly (in writing)
- •Filing or pursuing a lawsuit or administrative action to enforce a law regulating residential premises
- •Organizing or joining a tenants' union or similar organization
- •Requesting a health inspection or complying with an inspector's request for access
- •Paying rent to a utility company when your landlord failed to pay a utility bill they were responsible for
- •Filing a discrimination complaint against your landlord with a government agency
- •Defending yourself in an eviction case, including raising a habitability or discrimination defense
⚡What Counts as Retaliation
The law is broad on purpose. It covers not just actually evicting you, but also threatening to — a landlord who says "you can leave if you don't like it here" right after you complain about a violation may already be violating the statute. The most commonly litigated triggers are:
- Serving a notice of termination
- Raising the rent
- Making a substantial change to the terms of your tenancy
If any of these happen within six months of a protected activity, Massachusetts law presumes retaliation. The landlord then has the burden of proving a legitimate, non-retaliatory reason — it's not on you to prove retaliation first.
After six months, the presumption flips
💵What You Can Recover
| Remedy | Amount |
|---|---|
Statutory damages | Not less than 1 month's rent, up to 3 months' rent, or actual damages — whichever is greatest |
Costs and attorney's fees | Reasonable attorney's fees and court costs, in addition to damages |
Eviction defense | Retaliation is a full defense to an eviction case under M.G.L. c. 239 §2A — can defeat the eviction outright |
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Two statutes work together here: c. 186 §18 creates the civil claim and damages, and c. 239 §2A lets you raise retaliation as a defense if the landlord tries to evict you. Either way, any lease clause attempting to waive these protections is void and unenforceable — you can't sign this right away.
📝How to Protect Yourself
- •Put every complaint in writing — email or letter — and keep a copy, even if you also call or speak in person.
- •Note the date of your complaint and the date of any subsequent notice, rent increase, or lease change.
- •If a rent increase follows a complaint within 6 months, you can generally refuse to pay the increased portion; if the landlord tries to evict you for it, they carry the burden of proving it wasn't retaliatory.
- •If you're served with a notice or increase you believe is retaliatory, raise it immediately with legal aid — see our Find an Attorney guide — since the presumption is time-limited to 6 months.
Not legal advice
Sources
Reported a violation and now facing retaliation?
File a complaint or get free legal help — the 6-month presumption works in your favor.
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