Massachusetts General Laws

Mass. Gen. Laws ch. 186, § 3 (2026)

Tenancy at sufferance; liability for rent

✓ current as of July 2026

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Section 3. Tenants at sufferance in possession of land or tenements shall be liable to pay rent therefor for such time as they may occupy or detain the same.

Notes of Decisions

Cited in 30 cases (3 in the last 5 years), 1921–2024 · leading case: Taylor v. Beaudry, 971 N.E.2d 313 (Mass. App. Ct. 2012).

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Taylor v. Beaudry, 971 N.E.2d 313 (Mass. App. Ct. 2012). · cites it 5× “The very next day, however, the landlord initiated litigation, bringing suit in the small claims session of the Lowell Division of the District Court Department, seeking additional use and occupancy rent under G. L. c. 186, § 3, based on his claim that the tenant, who had lived…”

Martin A. Dale v. H.B. Smith Co., Inc., Martin A. Dale v. H.B. Smith Co., Inc., Martin A. Dale v. H.B. Smith Co., Inc., 136 F.3d 843 (1st Cir. 1998). · cites it 4× “Dale also maintains that Smith remained a tenant at sufferance until February 14,' 1992, the date Dale became entitled to recover possession of the property pursuant to the order of possession entered in the summary process action.”

Kobayashi v. Orion Ventures, Inc., 678 N.E.2d 180 (Mass. App. Ct. 1997). “There was evidence to support the judge’s finding that the fair market rent for the space had for the September to October, 1994, period slipped to $1,774 per month.”

Malden Mills Indus., Inc. v. Maroun (In Re Malden Mills Indus., Inc.), 303 B.R. 688 (1st Cir. BAP 2004). “3d 843, 847-48 (citing Mass. Gen. Laws c. 186, § 3 (“Tenant at sufferance in possession of land or tenements shall be liable to pay rent therefor for such time as they may occupy or detain the same.”

Corcoran Mgmt. Co. v. Withers, 513 N.E.2d 218 (Mass. App. Ct. 1987). · cites it 2× “G. L. c. 186, § 3. He argues further that by reason of his tender of payment in advance for the last twelve days of January and the month of February, 1985, and the landlord’s acceptance of such payment as “rent,” he became a tenant at will, and the landlord thereby waived its…”

King v. G & M Realty Corp., 370 N.E.2d 413 (Mass. 1977). “13 Thus G. L. c. 186, § 3, reverses the common law position by requiring that a tenant at sufferance pay rent; and see § 12 at note 10 supra.”

Scofield v. Berman & Sons, Inc., 469 N.E.2d 805 (Mass. 1984). “G.L.c. 186, § 3. I conclude that no reprisal existed in such a situation, at least until the landlord issued a notice to quit or took some other affirmative step to regain possession.”

Lawrence v. Osuagwu, 781 N.E.2d 50 (Mass. App. Ct. 2003). “The judge awarded $850 per month, from January, 1999, through July, 1999, to Lawrence for rent under G. L. c. 186, § 3. The judge awarded possession of the premises to the landlord and ordered that the damages awarded to Osuagwu be set off against the amount awarded to Lawrence.”

Brown v. Guerrier, 457 N.E.2d 630 (Mass. 1983). “See G. L. c. 186, § 3. Perhaps as important for our purposes as a literal application of the words of the statute is the legislative purpose behind the enactment of § 127H.”

HRPT Advisors, Inc. v. MacDonald, Levine, Jenkins & Co., 686 N.E.2d 203 (Mass. App. Ct. 1997). “at 549 , see G. L. c. 186, § 3, merely recognizes the tenant’s status after the lease was terminated upon the mortgagee’s entry and demand for rent in the exercise of his paramount title.”

Burke v. Willard, 137 N.E. 744 (Mass. 1923). “The plaintiff contends that under G. L. c. 186, § 3, the defendant is liable to pay him rent from January 7 to January 31.”

Zevitas v. Adams, 177 N.E. 114 (Mass. 1931). “If Zevitas has been in occupation of the premises since the entry was made or has collected rents, these rents can be recovered from him under G. L. c. 186, § 3. Under this statute, in our opinion, a tenant who holds over after a lease is terminated is liable for rent.”

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