Cal. Civ. Code § 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

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsRetaliation Protections

Operative Text

Cal. Civ. Code § 18
Section 18. Any person or agent thereof who threatens to or takes reprisals against any tenant of residential premises for the tenant's act of, commencing, proceeding with, or obtaining relief in any judicial or administrative action the purpose of which action is to obtain damages under, or otherwise enforce, any federal, state or local law, regulation, by-law or ordinance, which has as its objective the regulation of residential premises; or exercising the tenant's rights pursuant to section one hundred and twenty-four D of chapter one hundred and sixty-four; or reporting to the board of health or, in the city of Boston to the commissioner of housing inspection or to any other board having as its objective the regulation of residential premises a violation or a suspected violation of any health or building code or of any other municipal by-law or ordinance, or state or federal law or regulation which has as its objective the regulation of residential premises; or reporting or complaining of such violation or suspected violation in writing to the landlord or to the agent of the landlord; or for organizing or joining a tenants' union or similar organization, or for making or expressing an intention to make, a payment of rent to an organization of unit owners pursuant to paragraph (c) of section six of chapter one hundred and eighty-three A shall be liable for damages which shall not be less than one month's rent or more than three month's rent, or the actual damages sustained by the tenant, whichever is greater, and the costs of the suit, including a reasonable attorney's fee.

The receipt of any notice of termination of tenancy, except for nonpayment of rent, or, of increase in rent, or, of any substantial alteration in the terms of tenancy within six months after the tenant has commenced, proceeded with, or obtained relief in such action, exercised such rights, made such report or complaint, or organized or joined such tenants' union or within six months after any other person has taken such action or actions on behalf of the tenant or in, or relating to, the building in which the tenant resides, shall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activities. Such presumption shall be rebutted only by clear and convincing evidence that such person's action was not a reprisal against the tenant and that such person had sufficient independent justification for taking such action, and would have in fact taken such action, in the same manner and at the same time the action was taken, regardless of tenants engaging in, or the belief that tenants had engaged in, activities protected under this section.

Any waiver of this provision in any lease or other rental agreement shall be void and unenforceable.
Source: Legislative text reproduced verbatim
Plain English

Under Mass. Gen. Laws c. 186, § 18, landlords are prohibited from retaliating against tenants who report housing code violations, join a tenants' union, or pursue legal action to enforce housing laws. When a landlord issues a termination notice, rent increase, or significant lease change within six months of a tenant engaging in these protected activities, the law presumes that action is retaliatory. That presumption can only be overcome by clear and convincing evidence that the landlord had a legitimate, independent reason. Tenants harmed by retaliation may recover at least one month's rent in damages, plus attorney's fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Under Mass. Gen. Laws c. 186, § 18, compliant operators document the business reasons behind any rent increases, tenancy terminations, or lease modifications—especially when a tenant has recently engaged in protected activity. Because adverse actions taken within six months of protected activity trigger a rebuttable presumption of retaliation, operators generally maintain contemporaneous records showing that decisions were made independently of any tenant complaints or union activity. Any lease clause attempting to waive this protection is void and unenforceable.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mass. Gen. Laws c. 186, § 18 protects tenants who report code violations, join a tenants' union, or pursue housing-related legal action from landlord retaliation. If you receive a termination notice, rent increase, or significant lease change within six months of engaging in those activities, the law presumes it is retaliatory. Tenants can raise this presumption as a defense in eviction proceedings, file a complaint with a local rent board or board of health where applicable, or consult a tenant-rights organization to understand available enforcement paths.

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.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
§ 1940.2

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