Mass. Gen. Laws » Part I Title XX Chapter 139
Massachusetts General Laws

Mass. Gen. Laws ch. 139, § 19 (2026)

Voiding of lease of tenant using premises for common nuisance

✓ current as of July 2026
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Section 19. If a tenant or occupant of a building or tenement, under a lawful title, uses such premises or any part thereof for the purposes of prostitution, assignation, lewdness, illegal gaming, or the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or the housing of a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety, or the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, or the illegal keeping of a weapon in violation of section ten of chapter two hundred and sixty-nine, or possession or use of an explosive or incendiary device or other violations of section one hundred and one, one hundred and two, one hundred and two A or one hundred and two B of chapter two hundred and sixty-six or, if a tenant or household member of a housing authority or federal or state assisted housing commits an act or acts which would constitute a crime involving the use or threatened use of force or violence against the person of an employee of the housing authority or of state or federally assisted housing or against any person while such person is legally present on the premises of a housing authority or on the premises of federal or state assisted housing, such use or conduct shall, at the election of the lessor or owner, annul and make void the lease or other title under which such tenant or occupant holds possession and, without any act of the lessor or owner shall cause the right of possession to revert and vest in him, and the lessor or owner may seek an order requiring the tenant to vacate the premises or may avail himself of the remedy provided in chapter two hundred and thirty-nine. If the lessor or owner is entitled to relief pursuant to this section, such lessor or owner may seek declaratory judgment of his rights hereunder in the district, superior or housing court, which may grant appropriate equitable relief, including both preliminary and permanent injunctions, including a preliminary injunction granting the lessor or owner possession of the premises, and in connection therewith may order issuance of an execution for possession of any such premises to be levied upon forthwith. No such injunction shall be issued except after notice has been given to the tenant and a hearing has been held with opportunity for the tenant to confront and cross-examine witnesses and to present any legal or equitable defense. A housing authority or provider of state or federally assisted housing shall not avail itself of the remedies contained herein except after notice, hearing, and decision on the merits by the court. An appeal from equitable relief granted by a district court pursuant to this section shall be to the appeals court in the same manner as if relief had been granted by the superior court.

Notes of Decisions
Cited in 18 cases, 1922–2018 · leading case: New Bedford Hous. Auth. v. Olan, 758 N.E.2d 1039 (Mass. 2001).
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Brockton Hous. Auth. v. Mello, 92 N.E.3d 1232 (Mass. App. Ct. 2018). · cites it 2× “Mello's occupancy of a one-bedroom apartment at the Caffrey Towers development (premises or apartment), the Brockton Housing Authority (BHA) filed an action pursuant to G. L. c. 139, § 19, to void his tenancy. Following a trial, a judge of the Southeastern Housing Court ruled…”
Abdow v. Attorney Gen., 468 Mass. 478 (Mass. 2014). “, G. L. c. 139, § 19 (allowing lessor to void lease when tenant engages in, among other things, illegal gaming); G.”
Martineau v. DV-8 Prod., Inc., 29 Mass. L. Rptr. 393 (Mass. Super. Ct. 2012). “3) Negligence Per Se Balbek’s alleged violations of G.L.c. 139, §§19 and 20 do not constitute negligence per se.”
Meredith Mgmt. Corp. v. Waterman, 2010 Mass. App. Div. 8 (Mass. Dist. Ct., App. Div. 2010). “Rather, a permanent injunction was issued against Waterman, pursuant to G.L.c. 139, §19, requiring her to refrain from allowing the family member responsible for the drug activity to enter the premises or store belongings at the property.”
Boston Hous. Auth. v. Bridgewaters, 871 N.E.2d 1107 (Mass. App. Ct. 2007). “Finally, Bridgewaters’s claim that the termination notice was *770 defective is derived from a statement in the notice that the eviction was “effective immediately,” as the lease and G. L. c. 139, § 19, permitted, despite the fact that Federal law, specifically 42 U.”
Corcoran Mgmt. Co. v. Buchanan, 2005 Mass. App. Div. 163 (Mass. Dist. Ct., App. Div. 2005). “(“Corcoran”) brought an action under G.L.c. 139, §19 to terminate Buchanan’s tenancy.”
New Bedford Hous. Auth. v. Olan, 758 N.E.2d 1039 (Mass. 2001). · cites it 17× “On July 14, 1997, the housing authority commenced an action under G. L. c. 139, § 19, seeking cancellation of Olan’s lease, a declaration that her lease was void, orders that Olan and her family vacate and surrender forthwith their apartment, and a speedy trial.”
New Bedford Hous. Auth. v. Olan, 736 N.E.2d 410 (Mass. App. Ct. 2000). · cites it 14× “The next day, July 11, the Authority served Olan with a copy of a complaint alleging a violation of G. L. c. 139, § 19. Section 19, which is set forth in greater detail below, permits a landlord to seek a court order for the removal of a tenant who has maintained a nuisance on…”
Peabody Props., Inc. v. Sherman, 638 N.E.2d 906 (Mass. 1994). · cites it 6× “The judge correctly noted that, if not for the tenant's handicap status, the landlord's right to evict the tenant would be clear pursuant to the provisions of the lease agreement and G.L.c. 139, § 19 (1992 ed.). [2] However, finding that the tenant was no longer involved in…”
Springfield Hous. Auth. v. Burgos, 593 N.E.2d 1316 (Mass. App. Ct. 1992). “As to defendants Benjamin Burgos and Julio Marin, alleged to reside within the complex, the complaint also alleged that the Authority had the right to possession of their units pursuant to G. L. c. 139, § 19. 4 The statutory provision authorizing civil RICO claims provides in…”
Boston Hous. Auth. v. Guirola, 575 N.E.2d 1100 (Mass. 1991). · cites it 5× “See G. L. c. 139, § 19 (1990 ed.). She claims that (1) G.”
Bech v. Cuevas, 534 N.E.2d 1163 (Mass. 1989). “, G. L. c. 139, § 19 (1986 ed.), which allows a landlord to treat a tenancy as void and to bring an action for summary process or “without process of law, make immediate entry upon the premises,” if the tenant uses the premises for purposes of prostitution, assignation,…”
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