Massachusetts General Laws
Chapter 186 - Estates for Years and at Will
Section 23 - Definitions Applicable to Secs. 23 to 29

Section 23. (a) As used in sections 23 to 29, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Co-tenant'', a person who shares the legal obligation to pay rent or use and occupancy for the premises with a tenant and who occupies the premises.
''Domestic violence'', the occurrence of 1 or more of the following acts between family or member of a household:
(i) attempting to cause or causing physical harm;
(ii) placing another in fear of imminent serious physical harm;
(iii) causing another to engage involuntarily in sexual relations by force, threat or duress.
''Housing subsidy provider'', a local housing authority, agency or other entity providing or administering a federal or state rental subsidy within the commonwealth under applicable law.
''Member of the household'', a person residing with a tenant or co-tenant as an authorized occupant of the premises. In the case of an application for housing, such term shall include a person identified by the applicant as a proposed household member who would be living with the applicant in the premises.
''Owner'', as defined in 105 C.M.R. 410.020.
''Qualified third party'', a police officer, as defined by section 1 of chapter 90C, law enforcement professional including, but not limited to, a district attorney, assistant district attorney, a victim-witness advocate, probation or parole officer; an employee of the Victims Services Unit of the department of criminal justice information services; an application assistant in the address confidentiality program of the state secretary under section 2 of chapter 9A; a licensed medical care provider; an employee of the department of children and families or the department of transitional assistance charged with providing direct service to clients, or a manager or designated domestic violence or abuse advocate within either department; an active licensed social worker; a licensed mental health professional; a sexual assault counselor as defined in section 20J of chapter 233; or a domestic violence victims' counselor as defined in section 20K of said chapter 233.
''Quitting date'', the date that a tenant or co-tenant surrenders such person's interest in the premises; provided further, that such date shall be determined as: (i) if the tenant or co-tenant has vacated the premises, the date notice is given to the owner of the intent to abandon the premises and not to return; or (ii) if the tenant or co-tenant has not vacated the premises, either (A) the date the tenant or co-tenant intends to vacate the premises or (B) the actual date that the tenant or co-tenant has vacated after providing such notice.
''Rape'', as set forth in sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or 24B of chapter 265 or sections 2, 3 or 17 of chapter 272.
''Sexual assault'', as set forth in sections 13B, 13B.5, 13B.75, 13F, 13H or 13K of chapter 265 or section 35A of chapter 272.
''Stalking'', stalking as set forth in section 43 of chapter 265 or criminal harassment as set forth in sections 43 or 43A of chapter 265.
''Tenant'', (i) a person who has entered into an oral or written lease or rental agreement with the owner or (ii) a person who remains on the premises after such person's tenancy has terminated or after the expiration of such person's lease.

Structure Massachusetts General Laws

Massachusetts General Laws

Part II - Real and Personal Property and Domestic Relations

Title I - Title to Real Property

Chapter 186 - Estates for Years and at Will

Section 1a - Land Demised for Term of 100 Years or More Regarded as Estate in Fee Simple

Section 3 - Tenancy at Sufferance; Liability for Rent

Section 4 - Liability of Tenant for Rent for Proportion of Land in Possession

Section 5 - Action to Recover Rent; Evidence

Section 6 - Survival of Action

Section 7 - Remedies of Landlords

Section 8 - Recovery of Rent Accruing Before Determination of Lease

Section 9 - Recovery of Rent Paid in Advance

Section 10 - Rent as a Necessary

Section 11 - Determination of Lease for Nonpayment of Rent

Section 11a - Termination of Lease for Nonpayment of Rent

Section 12 - Notice to Determine Estate at Will

Section 13 - Recovery of Possession After Termination of Tenancy at Will

Section 13a - Tenants Deemed to Be at Will Upon Foreclosure of Residential Real Property; Status of Tenancy Agreements Where Rental Payment Subsidized Under State or Federal Law

Section 14 - Wrongful Acts of Landlord; Premises Used for Dwelling or Residential Purposes; Utilities, Services, Quiet Enjoyment; Penalties; Remedies; Waiver

Section 15 - Non-Liability of Landlord; Provisions in Lease or Rental Agreement

Section 15a - Waiver of Notices; Lease or Rental Agreement Provisions; Validity

Section 15b - Entrance of Premises Prior to Termination of Lease; Payments; Receipts; Interest; Records; Security Deposits

Section 15c - Residential Real Estate, Lease Payments Based on Real Estate Tax Increases

Section 15d - Oral Agreement to Execute Lease; Delivery of Lease Copy; Penalty; Waiver

Section 15e - Action Against Owner; Injuries Due to Defects Violating Building Code; Defense; Waiver

Section 15f - Residential Leases or Rental Agreements Restricting Litigation or Landlord Liability; Ouster of Tenant; Remedies

Section 16 - Leases or Rental Agreements Restricting Occupancy of Children

Section 17 - Occupancy Constituting Tenancy at Will; Termination

Section 17a - Residential Care and Services; Housing Facility Providers; Eviction; Hearing; Jurisdiction

Section 18 - Reprisal for Reporting Violations of Law or for Tenant's Union Activity; Damages and Costs; Notice of Termination, Presumption; Waiver in Leases or Other Rental Agreements Prohibited

Section 19 - Notice to Landlord of Unsafe Condition; Tort Actions for Injuries Resulting From Uncorrected Condition

Section 20 - Attorneys' Fees and Expenses; Residential Lease Provisions; Implied Covenant; Waiver

Section 21 - Disclosure of Insurance Information by Lessor; Violations; Waiver

Section 22 - Definitions; Submeter Installation; Testing; Water Use Charges; Public Housing Development Exemption

Section 23 - Definitions Applicable to Secs. 23 to 29

Section 24 - Termination of Rental Agreement or Tenancy by Victim of Domestic Violence, Rape, Sexual Assault or Stalking

Section 25 - Refusal of Rental Agreement or Assistance Based on Termination of Rental Agreement Under Sec. 24 or Request for Change of Lock Under Sec. 26 Prohibited

Section 26 - Change of Locks Upon Request of Tenant, Co-Tenant or Household Member Believed to Be Under Imminent Threat of Domestic Violence, Rape, Sexual Assault or Stalking

Section 27 - Jurisdiction of Courts to Restrain Violation of Secs. 23 to 26; Applicability of Other Laws to Requests to Change Locks

Section 28 - Waivers of Secs. 23 to 27 Void and Unenforceable

Section 29 - Owner Immunity From Liability

Section 30 - Inspection of Vacated Property for Presence of Abandoned Animals