Massachusetts Rules for Long-Term Hotel and Motel Tenancy

If you’re staying at a hotel or motel in Massachusetts for an extended period—especially if you consider it your home—your rights may be different than you expect. Understanding how state tenancy law applies can help you protect yourself if you face an eviction, a rent hike, or problems with your room or service. Here’s what long-term hotel and motel renters in Massachusetts need to know.

Who Is Considered a Tenant in a Massachusetts Hotel or Motel?

Whether you’re a guest or a tenant in a Massachusetts hotel or motel usually depends on how long you have stayed—and whether you treat the space as your primary home. Under Massachusetts law, guests who stay for 90 consecutive days or more and use the hotel/motel as their main residence may gain legal tenancy rights. This means you receive similar protections to apartment renters in the state, including the right to notice before eviction and maintenance requirements.^[1]

Key Factors That May Establish Tenancy Rights

• Staying 90 days or more in the same hotel or motel room
• Receiving mail and using the address as your primary residence
• Paying rent regularly (weekly or monthly)
• The owner’s acknowledgment that you live there

Once you meet this threshold, you become a tenant under the law, even if your stay began as a short-term guest.

Your Rights as a Long-Term Hotel or Motel Tenant

After 90 days, you have legal protections under the Massachusetts General Laws Chapter 186 and some provisions of Chapter 239 (Summary Process for Eviction).^[2]

• You cannot be locked out or evicted without proper notice and a court order (“Summary Process” eviction).
• The owner must keep your room safe, sanitary, and in good repair—just as in an apartment.
• You have a right to privacy; staff cannot enter your room without proper notice except in emergencies.
• The landlord must follow the same rules about security deposits (if collected) as for traditional rentals.

For reference, all eviction matters are handled by the Massachusetts Housing Court.

Eviction Rules for Hotel and Motel Tenants

If you’ve lived in your room for at least 90 days, the hotel/motel owner must:

• Serve you with a written Notice to Quit (stating the reason and how long you have to move out—usually 7 or 14 days, depending on the ground).
• File a Summary Process (eviction) action in Housing Court only after the notice period ends.
• Obtain a court order before removing you or your belongings.

Required Notices and Official Forms

If you believe you are a tenant, there are official steps and forms you may encounter:

• Notice to Quit: Used by the owner to begin the eviction process. It states when you must leave. Typically, there is no standard form, but it must be in writing. See guidance from the Massachusetts Housing Court—Eviction Forms.
• Summary Process Summons and Complaint: The legal document filed and served to you if the owner moves forward with an eviction. You must respond by the “Answer” date listed. The official form, and instructions, are available via the Massachusetts Housing Court.
  Example: If you receive this form, you’ll need to submit your “Answer” (your response to the landlord’s claims) to the court and to the owner before the deadline noted on the summons.
• Tenant’s Answer to Summary Process Complaint (Form DC 299): Used if you want to defend yourself in Housing Court, raise counterclaims, or simply explain your side. Form and instructions can be found here (Tenant’s Answer to Summary Process Complaint).
  • When to use: If served with a “Summary Process Summons and Complaint,” fill out this form and file it before your first court date to preserve your rights and defenses.

What If You Haven’t Stayed 90 Days?

If you have not reached 90 days in the same hotel or motel, state law usually treats you as a guest, not a tenant. The owner may generally ask you to leave (subject to house rules or posted terms) with little notice. However, anti-discrimination and consumer protection laws still apply.^[3] If your circumstances make you believe you should have tenant rights (for example, if the hotel is acting as a permanent residence), seek legal advice or assistance from a tenant advocacy group.

Massachusetts Tenancy Laws That Apply

• General Laws c. 186 – Tenancy and Lease of Land
• General Laws c. 239 – Summary Process for Possession of Land (Eviction)

Many hotel and motel tenants are unsure about where they stand—the above laws and the Housing Court’s guidance clarify your rights and obligations.

FAQ: Massachusetts Hotel and Motel Tenant Rights

1. Do I have tenant rights if I’ve stayed in a Massachusetts motel for a month?
   Usually, you gain tenant protections after a 90-day stay. Before then, you are treated as a guest. If you use the motel as your main home, you may gain some rights—so check your situation.
2. Can a hotel evict me without a court order once I reach 90 days?
   No. After 90 days, you cannot be removed without written notice and a court-issued eviction order from the Massachusetts Housing Court.
3. What forms do I need to respond to an eviction from a hotel or motel?
   If you get a Summary Process Summons and Complaint, use the Answer to Summary Process Complaint (Form DC 299) before your first court date. Download the official form.
4. Where can I find more info about hotel/motel tenant laws?
   Visit the Massachusetts Housing Court's website and review Massachusetts General Laws Chapter 186.
5. If my room has health or safety issues, can I request repairs?
   Yes. Once you qualify as a tenant, you have the right to safe and sanitary conditions and can request repairs. Contact local health or housing authorities if urgent problems aren’t resolved.

Conclusion: What to Remember

• If you stay in a Massachusetts hotel or motel for 90 days as your main home, tenancy laws protect you.
• Eviction requires a written notice and a court order—owners can’t simply lock you out.
• Use government forms and go to Housing Court for disputes.

Knowing your rights empowers you to protect your housing and respond effectively to any problems.

Need Help? Resources for Renters

• Massachusetts Housing Court: Handles tenancy disputes, including eviction cases for hotel/motel tenants.
• Massachusetts Summary Process (Eviction) Guide: Official guidance on eviction process and forms.
• Massachusetts Legal Aid Programs: Find free or low-cost legal help for tenants.
• DHCD Housing for People Facing Homelessness: State help with emergency and transitional housing options.

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1. Massachusetts General Laws, c. 186 §17 – Hotel or motel guest status and tenancy
2. Legal process and eviction governed by Massachusetts General Laws Chapter 239
3. Public accommodations protections: Massachusetts Discrimination in Public Accommodations

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