Massachusetts General Laws ch. 186 sec. 15F – Residential leases or rental agreements restricting litigation or landlord liability; ouster of tenant; remedies
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.
Terms Used In Massachusetts General Laws ch. 186 sec. 15F
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.