General Laws of Massachusetts - Chapter 239 Summary Process for Possession of Land

• Massachusetts General Laws - Persons entitled to summary process - Chapter 239, Section 1
  If a forcible entry into land or tenements has been made, if a peaceable entry has been made and the possession is unlawfully held by...
• Massachusetts General Laws - Land or tenements used for residential purposes; action by lessor under this chapter to recover possession; conditions and restrictions - Chapter 239, Section 1A
  A lessor of land or tenements used for residential purposes may bring an action under this chapter to recover possession thereof before the determination of...
• Massachusetts General Laws - Jurisdiction; venue; form of writ - Chapter 239, Section 2
  Such person may bring an action in the superior court in the county in which the land lies if the plaintiff seeks money damages and...
• Massachusetts General Laws - Reprisal for reporting violations of law, for tenant’s union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption - Chapter 239, Section 2A
  It shall be a defense to an action for summary process that such action or the preceding action of terminating the tenant’s tenancy, was taken...
• Massachusetts General Laws - Judgment and execution; costs; appeal - Chapter 239, Section 3
  Except as hereinafter provided, if the court finds that the plaintiff is entitled to possession, he shall have judgment and execution for possession and costs,...
• Massachusetts General Laws - Storage of property removed; liens and enforcement; penalties - Chapter 239, Section 4
  (a) If an officer, serving an execution issued on a judgment for the plaintiff for possession of land or tenements, removes personal property, belonging to...
• Massachusetts General Laws - Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision - Chapter 239, Section 5
  (a) If either party appeals from a judgment of the superior court, a housing court, or a district court in an action under this chapter,...
• Massachusetts General Laws - Condition of bond in action for possession after foreclosure of mortgage; after purchase - Chapter 239, Section 6
  If the action is for the possession of land after foreclosure of a mortgage thereon, the condition of the bond shall be for the entry...
• Massachusetts General Laws - Condition of bond after foreclosure of tax title - Chapter 239, Section 6A
  If the action is for the possession of land after foreclosure of a tax title thereon, the condition of the bond shall be for the...
• Massachusetts General Laws - Judgments; effect - Chapter 239, Section 7
  The judgment in an action under this chapter shall not be a bar to any action thereafter brought by either party to recover the land...
• Massachusetts General Laws - Three years quiet possession; effect - Chapter 239, Section 8
  There shall be no recovery under this chapter of any land or tenements of which the defendant, his ancestors or those under whom he holds...
• Massachusetts General Laws - Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures - Chapter 239, Section 8A
  In any action under this chapter to recover possession of any premises rented or leased for dwelling purposes, brought pursuant to a notice to quit...
• Massachusetts General Laws - Stay of proceedings - Chapter 239, Section 9
  In an action of summary process to recover possession of premises occupied for dwelling purposes, other than a room in a hotel, or a dwelling...
• Massachusetts General Laws - Stay of proceedings; hearings - Chapter 239, Section 10
  Upon application for such a stay of proceedings, the court shall hear the parties, and if upon the hearing it appears that the premises of...
• Massachusetts General Laws - Stay of proceedings; deposit of applicant - Chapter 239, Section 11
  Such stay shall be granted and continue effective only upon the condition that the applicant shall make a deposit in court of the entire amount,...
• Massachusetts General Laws - Stay of proceedings; validity of waiver in lease - Chapter 239, Section 12
  Any provision of a lease whereby a lessee or tenant waives the benefits of any provision of sections nine to thirteen, inclusive, shall be deemed...
• Massachusetts General Laws - Stay of proceedings; costs - Chapter 239, Section 13
  Costs recoverable under section three shall, in actions to which sections nine to eleven, inclusive, apply, include only legal costs covering actual disbursements and shall...

Last modified: September 11, 2015