Many managers are aware that Mass. General Law c. 139, 19 (commonly called the nuisance statute) permits evictions when tenants commit any of several violent or disturbing acts, such as drug sales, prostitution, and the possession of explosive devices. However, what most managers do not seem to know is that they can be criminally liable if they fail to try to evict such problem tenants.
How can this twist in criminal law application occur, one might ask? Well, the answer lies in the law which immediately follows Section 19 in the statute books. Chapter 139, 20 states, in relevant part:
“Whoever knowingly lets premises owned by him or Under his control, for the purpose of prostitution, lewdness, ….the illegal keeping or sale of alcoholic beverages…. or the illegal keeping, sale or manufacture of controlled substances…. while under his control, to be used for such purposes, or after due notice of any such use omits to take all reasonable measures to eject therefrom the persons occupying the same as soon as it can lawfully be done, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than three months nor more than one year, or both.”
So, practically speaking, what does this mean for managers? Are you at risk of being hauled off to jail? We at MPD Law are not personally aware of any such police prosecutions against landlords. However, what this law clearly means is that managers cannot ignore evidence that tenants are engaging in the types of activities prohibited by Section 20.
If a manager is aware of evidence of such activity, the activity needs to be reported to the police. And, if the evidence is sufficient, the manager also needs to begin an eviction, or a Chapter 139 case. In some communities, the police actually send letters to the landlords to notify them that this type of conduct is believed to be occurring, and that it must be addressed. If you ever receive such a notice, do not ignore it!
Managers are not presumed by the law to know everything that goes on behind closed doors. But, the type of activities prohibited by Section 19 usually create conduct which causes at least a suspicion for all but the newest managers. Don’t ignore these suspicions. Instead, act on them!