Section 15F. Any provision of a lease or other rental agreement relating to residential real property whereby the tenant agrees to waive his right to trial by jury in any subsequent litigation with the landlord, or agrees that no action or failure to act by the landlord shall be construed as a constructive eviction, shall be deemed to be against public policy and void.
If a tenant is removed from the premises or excluded therefrom by the landlord or his agent except pursuant to a valid court order, the tenant may recover possession or terminate the rental agreement and, in either case, recover three months' rent or three times the damages sustained by him, and the cost of suit, including reasonable attorney's fees.
Any agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section shall be deemed to be against public policy and void.
Notes of Decisions
Cited in
9
cases, 1983–2011 · leading case:
Jones v. Manns, 602 N.E.2d 217 (Mass. App. Ct. 1992).
Jones v. Manns, 602 N.E.2d 217 (Mass. App. Ct. 1992).
· cites it 3× “Acting on the theory that there had been a violation of G. L. c. 186, § 15F, which prohibits lockouts (i.”
Serreze v. YWCA of W. Massachusetts, Inc., 572 N.E.2d 581 (Mass. App. Ct. 1991).
· cites it 2× “186, § 14, we need not reach the more difficult question whether they were “tenants” for the purposes of G. L. c. 186, § 15F. However, we note that remedial statutes, such as G.”
Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983).
“242, §§ 4-6, G.L.c. 186, § 15F, G.L.c. 75D, § 14, G.L.”
Ex Parte John P. Coble, 2091087 (ala.civ.app. 5-6-2011), 72 So. 3d 656 (Ala. Civ. App. 2011).
“, Mass. Gen. Laws ch. 186, § 15F. Next, Coble argues that the jury-waiver provision should not be enforced against him based on the standard announced by our supreme court in Gaylord Department Stores of Alabama, Inc.”
Mellor v. Berman, 390 Mass. 275 (Mass. 1983).
“242, §§ 4-6, G. L. c. 186, § 15F, G. L. c. 75D, § 14, G.”
Patterson v. Piano Craft Guild Assocs., LP, 16 Mass. L. Rptr. 23 (Mass. Super. Ct. 2002).
· cites it 2× “251, §2(b), on the grounds that the arbitration provision violated G.L.c. 186, §15F, and that “Mr. Patterson’s statutory rights under M.”
Allandale Farm, Inc. v. Koch, 8 Mass. L. Rptr. 196 (Mass. Super. Ct. 1997).
· cites it 2× “G.L.c. 186, §15F Like §14, G. L.c. 186, §15F (“§15F") is not applicable to defendant’s situation in the absence of a landlord-tenant relationship.”
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