How Massachusetts Renters Can Use Small Claims Court

If you're a renter in Massachusetts facing issues like unreturned security deposits, unpaid repairs, or other landlord disputes, you may be able to resolve your issue through Small Claims Court. Understanding the process and knowing your rights can make navigating this option much less stressful. This guide ensures Massachusetts renters have clear information on filing, forms, and what to expect.

When Can You Use Small Claims Court as a Renter?

Small Claims Court is designed to help individuals resolve disputes involving money, generally for amounts up to $7,000. Common renter issues suitable for this court include:

• Getting a security deposit back after moving out
• Requesting reimbursement for unauthorized repairs paid out of pocket
• Seeking refunds for rent paid but not owed
• Recovering damages due to landlord negligence

The process is informal and meant to be accessible. Legal representation is optional, and renters typically represent themselves.

Which Court Handles Renter Small Claims in Massachusetts?

Small Claims matters for renters are handled by the Massachusetts District Court and the Boston Municipal Court. These courts oversee small disputes between tenants and landlords, including those about security deposits and property conditions.

Massachusetts Small Claims Process: Steps for Renters

The following section outlines the typical process for renters wishing to file a small claim against their landlord in Massachusetts:

• Step 1: Gather evidence: lease agreement, correspondence, photos, receipts.
• Step 2: Fill out and file the official Small Claims form with your local District Court.
• Step 3: Pay the filing fee (currently $40–$150 depending on the claim amount).
• Step 4: Court will notify the landlord (defendant).
• Step 5: Attend the scheduled hearing. Bring all your documentation and any witnesses.
• Step 6: Await the judge’s decision and follow up if further action is needed.

Key Forms for Massachusetts Renters

• Statement of Small Claim and Notice of Trial (Form: Statement of Small Claim and Notice of Trial)
  When to use: This is the main form you file when bringing your claim against a landlord.
  Example: If your landlord kept your security deposit without valid reason, you would file this form at your local District Court to begin your claim process.
• Application for Waiver of Court Fees and Costs (Form CJ-D 301)
  When to use: If you cannot afford to pay court fees, use this to request a fee waiver.
  Example: If you're out of work and cannot pay the filing fee, submit this application with your small claim.

Relevant Tenancy Laws in Massachusetts

Rights and obligations of renters and landlords are mainly established in the Massachusetts General Laws, Chapter 186 (Tenancy Law) and Chapter 239 (Evictions).^[1][2] For detailed security deposit regulations, see Section 15B of Chapter 186.

Tips for Preparing Your Small Claims Case

• Organize all your evidence — emails, photos, lease, repairs, and payment records.
• Document requests you made to your landlord (such as emails asking for repairs or your security deposit).
• Prepare a clear, concise statement of what you are claiming and why.
• Review Massachusetts Small Claims Court Guide for renters.

FAQ: Small Claims Court for Renters in Massachusetts

1. How much money can I claim in Massachusetts Small Claims Court as a renter?
   Generally, you can sue for up to $7,000 in Massachusetts Small Claims Court, not including court-approved multiple damages in certain cases (like security deposit violations).
2. Do I need a lawyer to file a small claim against my landlord?
   No, you do not need a lawyer for Small Claims Court. However, you may choose to consult with a free legal aid service for advice.
3. What if my landlord doesn’t respond or show up in court?
   If the landlord fails to appear, the court may issue a judgment in your favor, provided your claim is properly supported with evidence.
4. Can I get a fee waiver if I can’t afford the court costs?
   Yes. Use the Application for Waiver of Court Fees if you meet financial criteria.
5. Where do I file the Statement of Small Claim and Notice of Trial?
   You should file this form at your local District Court or Boston Municipal Court that covers the address of your rented unit.

Conclusion: Key Takeaways for Renters

• Small Claims Court provides a streamlined, renter-friendly way to resolve money disputes with landlords in Massachusetts.
• Use official forms and follow District Court procedures for the fastest results.
• Stay organized and bring complete evidence to your hearing for the best chance of a successful outcome.

Need Help? Resources for Renters

• Massachusetts District Court – Find your local court, filing locations, and hours.
• Court Service Centers – Get in-person or remote assistance with forms and procedures.
• MassLegalHelp Small Claims Resources – Plain English renter guides and legal help options.
• MA Office of Consumer Affairs – Tenant complaint and mediation resources.

---

1. Massachusetts General Laws, Chapter 186 (Tenancy Law)
2. Massachusetts General Laws, Chapter 239 (Evictions)
3. Massachusetts Small Claims Court Guide

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations