Massachusetts has officially changed the game for renters and landlords. As of May 5, 2025, a new law gives tenants the right to petition the court to seal eviction records, making it harder for landlords to access past summary process case histories.
This change comes as part of the Affordable Homes Act, a sweeping housing reform package aimed at improving access to housing across the state. While this law is being celebrated as a win for renters looking to move past old housing struggles, it also presents new challenges for landlords and property managers when screening applicants.
Let’s break down what the new eviction sealing law does, who it helps, and what both landlords and tenants need to understand going forward.
What Does the New Law Do?
Under the new law, tenants can ask the court to seal eviction records (also known as summary process cases) in certain circumstances. Here’s how it works:
- Tenants Who Won or Had Cases Dismissed
Tenants who won their case or whose case was dismissed can petition to seal the record immediately. - No-Fault Evictions
Tenants who were evicted through no fault of their own (for example, if the landlord wanted to sell the property or move in) can also petition for sealing immediately. - Tenants Who Lost Their Case
Even if a tenant lost the eviction case, they may be eligible to petition for sealing after a waiting period (the specific timeline may depend on court procedures and outcomes).
Once sealed, these records are no longer publicly available and cannot be used by landlords or consumer reporting agencies when screening future rental applications.
What This Means for Tenants
For tenants, this law offers a fresh start. An old eviction record has long been a major barrier to finding safe and affordable housing. Even tenants who won their case often found that the existence of a court record worked against them when applying for future rentals.
Now, tenants have the opportunity to clear their record and move forward without the shadow of past housing struggles holding them back.
What This Means for Landlords
While the law offers relief for tenants, it creates real challenges for landlords.
- Fewer Settlement Incentives
One of the biggest impacts is that tenants now have less incentive to settle eviction cases.
In the past, landlords and tenants often reached agreements where tenants would move out voluntarily in exchange for avoiding the stigma of a public eviction record.
Now that tenants know they can seal that record later, they may be less willing to settle. This could lead to more contested cases, longer court battles, and higher legal costs for landlords.
- Incomplete Screening Information
Landlords may also find that older eviction records are missing from tenant screening reports.
This means landlords need to adjust their application process and look more carefully at other factors, such as references, employment verification, and rental history.
- Legal Compliance Risks
Landlords must also be careful not to use sealed eviction records in tenant screening. Doing so could lead to legal liability under Massachusetts law.
What Should Landlords Do Next?
If you own or manage rental property in Massachusetts, here are three action steps to take:
- Review and Update Screening Policies
Make sure your tenant screening process complies with the new law. Stop relying solely on eviction history and start weighing other factors more heavily. - Train Your Team
If you work with a property management company or leasing agents, make sure they understand that sealed eviction records cannot be considered. - Seek Legal Advice When Needed
If you’re unsure about how to handle a pending eviction case or want to review your policies, consult with a qualified landlord-tenant attorney.
What Should Tenants Do Next?
If you have an old eviction on your record, you may be eligible to have it sealed.
- Check Your Case Status
Review your eviction history to see if you qualify based on a dismissed case, a won case, or a no-fault eviction. - File a Petition with the Court
You must take the step to petition the court—sealing is not automatic. - Consider Getting Legal Help
An attorney can help you understand your options and navigate the process of filing your petition.
Conclusion
The new eviction sealing law in Massachusetts represents a major shift in housing law and tenant rights. While it provides meaningful relief for tenants, it also creates new challenges for landlords who rely on accurate screening information to make rental decisions.
Whether you’re a landlord trying to protect your investment or a tenant looking for a fresh start, it’s important to understand how this law affects you.
Need Help Navigating This New Law?
At Cote Law Group, we help landlords, property owners, and tenants make sense of Massachusetts real estate and landlord-tenant law.
If you have questions or need legal support, contact us today to schedule a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, contact a qualified attorney.