Boston Municipal Code ch. 10-2 § 10-2.9
Evictions; Controlled and Vacancy Decontrolled Housing Accommodations
Operative Text
(A) No person shall bring any action to recover possession of a controlled or vacancy decontrolled housing accommodation unless: (1) The tenant has failed to pay the rent to which the landlord is legally entitled; (2) The tenant has violated an obligation or covenant of tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord; (3) The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the housing accommodation, or is creating substantial interference with the comfort, safety or enjoyment of the landlord or other occupants of the same or any adjacent housing accommodation; (4) The tenant is convicted of using or permitting a housing accommodation to be used for any illegal purpose; (5) The tenant, who had a written rental housing agreement which terminated on or after the passage of this Section has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration and in such terms as are not inconsistent with or violative of any provisions of this Section; (6) The tenant has refused the landlord reasonable access to the housing accommodation for the purpose of making necessary repairs or improvements required by the laws of the United States, the commonwealth or any subdivision thereof, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the housing accommodation to any prospective purchaser or mortgagee; (7) The tenant holding at the end of a lease term is a subtenant not approved by the landlord; (8) (a) The landlord seeks to recover possession in good faith for the use and occupancy of himself or herself, or his or her children, parents, brother, sister, father-in-law, mother-in-law, son-in-law or daughter-in-law: 1. Which is occupied by a tenant entitled to protections under paragraph k. of Subsection 10-2.10; or 2. For which a master deed was or articles of organization were duly recorded after December 28, 2011, pursuant to M.G.L. Chapters 183A, 156B, 157 or 157B. (b) Notwithstanding any other provisions of this Section, including, but not limited to, division (A)(8)(a) above and paragraph k. of Subsection 10-2.10, the Board shall issue a certificate of eviction to the owner of a condominium or cooperative housing accommodation who has satisfied the Board that the following requirements have been met: 1. The owner legally occupied the housing accommodation continuously for at least one year as his or her principal residence after conversion or removal; 2. The owner subsequently rented the housing accommodation to a tenant; and 3. All the legal owners demonstrate that they, in good faith, intend to reside in the housing accommodation as their principal residence. (9) The landlord seeks to recover possession to demolish the same in compliance with a lawful government order; (10) Recovery of possession in order to remove a controlled or decontrolled housing accommodation shall not be a valid reason to recover possession of a housing accommodation occupied by a tenant protected by Subsection 10-2.10 or of any controlled or decontrolled housing accommodation for which a master deed was or articles of organization were duly recorded pursuant to M.G.L. Chapters 183A, 156B, 157 or 157B; and (11) The landlord seeks to recover possession for any other just cause; provided that his or her purpose is not in conflict with the provisions and purposes of this Section. (B) The landlord of any controlled or vacancy decontrolled housing accommodation or other property subject to this Subsection shall include the full text of division (A) above on all leases entered after [date of enactment]. (C) Failure to comply with this Subsection shall be an affirmative defense to any action to recover possession of a controlled or vacancy decontrolled housing accommodation. (Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 9; Ord. 1979 cs. 29, 37; Ord. 1981 c. 8; Ord. 1982 cs. 15, 16, 17, 26, 37; Ord. 1983 cs. 1, 9, 17, 23, 33; CBC 1985 10-2.9; Ord. 1987 c. 6 § 3; Ord. 1988 c. 9 §§ [A], [B], [C], [D], [E]; Ord. 2011 c. 17) Penalty, see Subsection 10-2.17
Boston Municipal Code ch. 10-2 § 10-2.9 limits the circumstances under which a landlord may seek to recover possession of a controlled or vacancy decontrolled housing unit, enumerating specific grounds such as nonpayment of rent, uncured lease violations, nuisance conduct, illegal use, refusal to renew a lease on consistent terms, denial of reasonable access, unapproved subtenancy, owner move-in, government-ordered demolition, and other just cause not in conflict with the ordinance's purposes. Landlords are also required to include the full text of these permissible grounds in any lease entered after the ordinance's enactment. Critically, a landlord's failure to comply with § 10-2.9 — including the lease-text requirement — constitutes an affirmative defense that a tenant may raise against any eviction action.
Plain English — not legal advice.
Under Boston Municipal Code ch. 10-2 § 10-2.9, operators of controlled or vacancy decontrolled housing accommodations generally ensure that every new lease executed after the ordinance's enactment contains the full text of the permissible eviction grounds set out in division (A). Compliant operators document the specific basis for any possession action — such as written notice of an uncured lease violation, evidence of nonpayment, or a good-faith owner move-in — before initiating proceedings, and they confirm that the asserted ground falls within one of the enumerated categories. Owners pursuing an owner move-in or condominium/cooperative recovery should be aware that § 10-2.9(A)(8) imposes additional requirements, including Board certification in certain circumstances.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Boston Municipal Code ch. 10-2 § 10-2.9 provides tenants in controlled or vacancy decontrolled units with significant protection by restricting eviction to a defined list of grounds; if a landlord cannot establish one of those grounds, the eviction action lacks a valid basis under the ordinance. Under division (C), a landlord's failure to comply with § 10-2.9 — for example, by omitting the required lease text or pursuing a ground not listed in division (A) — may be raised as an affirmative defense in an eviction proceeding. Tenants who believe an eviction action does not conform to § 10-2.9 may wish to consult a tenant-rights organization, a legal aid provider, or the Boston Rent Equity Board to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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