Massachusetts General Laws

Mass. Gen. Laws ch. 186, § 15 (2026)

Non-liability of landlord; provisions in lease or rental agreement

✓ current as of July 2026

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Section 15. Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to indemnify the lessor or landlord or hold the lessor or landlord harmless, or preclude or exonerate the lessor or landlord from any or all liability to the lessee or tenant, or to any other person, for any injury, loss, damage or liability arising from any omission, fault, negligence or other misconduct of the lessor or landlord on or about the leased or rented premises or on or about any elevators, stairways, hallways or other appurtenance used in connection therewith, shall be deemed to be against public policy and void.

Notes of Decisions

Cited in 33 cases (2 in the last 5 years), 1968–2025 · leading case: Norfolk & Dedham Mut. Fire Ins. Co. v. Morrison, 924 N.E.2d 260 (Mass. 2010).

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Norfolk & Dedham Mut. Fire Ins. Co. v. Morrison, 924 N.E.2d 260 (Mass. 2010). · cites it 6× “The appeal in this declaratory judgment action requires us to determine whether two provisions in a commercial lease violate G. L. c. 186, § 15, a statute which, essentially, voids lease provisions that require tenants to indemnify landlords or exonerate them from liability for…”

Crawford v. Buckner, 839 S.W.2d 754 (Tenn. 1992). · cites it 2× “In addition, at least four states have limited by statute the freedom of contract concept as applied to exculpatory provisions in residential leases.”

Bishop v. TES Realty Trust, 942 N.E.2d 173 (Mass. 2011). · cites it 4× “In enacting this statute, the Legislature demonstrated that it knew how to distinguish between “a landlord or lessor of residential premises” and a landlord of commercial premises, because the last sentence of the statute adds a second method for satisfying the notice…”

Hurwitz v. Summers Massachusetts Fam. LLC, 15 Mass. L. Rptr. 29 (Mass. Super. Ct. 2002). · cites it 6× “Market Intelligence asserts that Summers’ claim demanding indemnity must be dismissed because (i) the stated indemnity provisions are inapplicable to the plaintiffs particular claims, (ii) the indemnity provisions as set forth in the sublease agreement are void as a matter of…”

Great N. Ins. v. Paino Assocs., 364 F. Supp. 2d 7 (D. Mass. 2005). · cites it 2× “Mass. Gen. Laws ch. 186, § 15 . Such a lease term, whether in a commercial or a residential lease, is void in its entirety.”

Skawski v. Greenfield Investors Prop. Dev. LLC, 45 N.E.3d 561 (Mass. 2016). “185, § 25 (Land Court “shall hold no trials by jury”); G. L. c. 186, § 15 (where trial by jury is claimed, questions of fact resolved in Superior Court).”

Knous v. Mehrez, 10 Mass. L. Rptr. 47 (Mass. Super. Ct. 1999). · cites it 5× “Under G.L.c. 186, §15, certain indemnification clauses between landlords and tenants are against public policy.”

Woburn Assocs. v. Kahn (In Re Hemingway Transp., Inc.), 126 B.R. 650 (D. Mass. 1991). · cites it 2× “Finally, the Trustee contends that, to the extent the Lease transfers liability under CERCLA, it is against public policy and void under Mass.Gen.Laws ch. 186, § 15 (1988). As Woburn points out, however, that statute limits a landlord’s right to indemnity from the lessee only…”

Minassian v. Ogden Suffolk Downs, Inc., 509 N.E.2d 1190 (Mass. 1987). “We add that the stall agreement is not a rental agreement within the meaning of § 15, and the release set forth in the stall agreement is also enforceable.”

Brossi v. Fisher, 747 N.E.2d 714 (Mass. App. Ct. 2001). “On the tenant’s counterclaim pursuant to G. L. c. 186, § 15(B)(2)(a), for interest on the last month’s rent, the jury, having been instructed to treble any amount due as required by the statute, awarded $409.”

Gonsalves v. Commonwealth, 541 N.E.2d 366 (Mass. App. Ct. 1989). “106, § 2-719(3), relating to limitations on damages for injury from consumer goods, and G. L. c. 186, § 15, which declares against public policy provisions in leases exonerating a landlord from liability for negligence.”

Henry v. Mansfield Beauty Academy, Inc., 233 N.E.2d 22 (Mass. 1968). “[expressed] by G. L. c. 186, § 15, declaring void a provision releasing the negligence of’ a lessor by the lessee.”

Show all 33 citing cases →

— Mass. Gen. Laws ch. 186, § 15(1)(b) — 1 case

Matthew Gutwill v. Inland Residential Real Est. Servs., LLC, D/B/A Cirrus Apts. (Mass. Super. Ct. 2023).

— Mass. Gen. Laws ch. 186, § 15(B)(2)(a) — 1 case

Brossi v. Fisher, 747 N.E.2d 714 (Mass. App. Ct. 2001). “On the tenant’s counterclaim pursuant to G. L. c. 186, § 15(B)(2)(a), for interest on the last month’s rent, the jury, having been instructed to treble any amount due as required by the statute, awarded $409.”

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