Massachusetts General Laws

Mass. Gen. Laws ch. 186, § 20 (2026)

Attorneys' fees and expenses; residential lease provisions; implied covenant; waiver

✓ current as of July 2026

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Section 20. Whenever a lease of residential property shall provide that in any action or summary proceeding the landlord may recover attorneys' fees and expenses incurred as the result of the failure of the tenant to perform any covenant or agreement contained in such lease, or that amounts paid by the landlord therefor shall be paid by the tenant as additional rent, there shall be implied in such lease a covenant by the landlord to pay to the tenant the reasonable attorneys' fees and expenses incurred by the tenant as the result of the failure of the landlord to perform any covenant or agreement on its part to be performed under the lease or in the successful defense of any action or summary proceeding commenced by the landlord against the tenant arising out of the lease, and an agreement that such fees and expenses may be recovered as provided by law in an action commenced against the landlord or by way of counterclaim in any action or summary proceeding commenced by the landlord against the tenant. Any waiver of this section shall be void as against public policy.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1980–2021 · leading case: Torres v. Attorney Gen., 460 N.E.2d 1032 (Mass. 1984).

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Torres v. Attorney Gen., 460 N.E.2d 1032 (Mass. 1984). · cites it 2× “2 (1978), where we referred to a statute (G.L.c. 186, § 20) concerned with the award of attorney's fees "incurred" by a tenant in an action involving her landlord.”

Young v. Garwacki, 402 N.E.2d 1045 (Mass. 1980). “186, *167 § 19 (tort action against landlord who fails to correct unsafe condition after notice); G. L. c. 186, § 20 (tenant’s recovery of attorney’s fees); G.”

Aviksis v. Murray, 26 N.E.3d 748 (Mass. App. Ct. 2015). · cites it 7× “Felix Aviksis appeals from a judgment of the Boston Division of the Housing Court Department awarding attorney’s fees pursuant to G. L. c. 186, § 20, to Kevin Murray (Murray).”

Norfolk & Dedham Mut. Fire Ins. Co. v. Morrison, 924 N.E.2d 260 (Mass. 2010). “186, § 18 (prohibition on reprisals against residential tenants); G. L. c. 186, § 20 (attorney’s fees in actions involving residential property).”

Phoebe Flemming v. Greystar Mgmt. Servs., L.P., 177 N.E.3d 1244 (Mass. App. Ct. 2021). “In fact, the motion judge concluded that the attorney's fees provision was not itself unlawful, presumably because G. L. c. 186, § 20, contemplates that a lease of residential property may "provide that in any action or summary proceeding the landlord may recover attorneys' fees…”

Colonial Estates Assocs. v. Montagna, 469 N.E.2d 1301 (Mass. App. Ct. 1984). “By operation of G. L. c. 186, § 20, inserted by St. 1977, c.”

GML Corp. v. Massey, 2007 Mass. App. Div. 143 (Mass. Dist. Ct., App. Div. 2007). “186, §14, and G.L.c. 186, §20, and sought actual damages, treble damages, damages in the amount of three times the monthly rent, injunctive relief and attorney’s fees.”

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