Mediation for Landlord-Tenant Disputes in Massachusetts

Facing a disagreement with your landlord in Massachusetts can be stressful, but you have options. One of the most common—often the first step before going to court—is mediation. Mediation is an informal process where renters and landlords work together with a neutral third party (mediator) to resolve issues like rent increases, repairs, or eviction threats. In Massachusetts, mediation is widely accessible and can help you reach practical solutions without lengthy legal proceedings.

What Is Mediation for Landlord-Tenant Disputes?

Mediation is a voluntary process where both parties meet with a trained, impartial mediator. The mediator doesn't take sides or make decisions; instead, they help both renter and landlord communicate and try to reach a mutually agreed solution.

When Can You Use Mediation?

Mediation can be helpful for a range of landlord-tenant issues, including:

• Disputes over rent increases or late fees
• Concerns about repairs or maintenance
• Relocation or eviction notices
• Deposit returns

Many courts in Massachusetts offer free on-site mediation services, and community mediation centers are available statewide. The goal is to resolve issues before moving to a formal court process, saving both sides time and money.

Mediation Process in Massachusetts

If you and your landlord cannot resolve an issue directly, you can request mediation at several points:

• Before an eviction case is filed (pre-court mediation)
• After receiving a Notice to Quit or eviction notice
• During a summary process (eviction) case at court

Most Housing Courts in Massachusetts provide free mediation services—either in person, by phone, or virtually. You can also find local community mediation centers to assist with disputes outside the court process.

How Does Mediation Work?

• Both parties must agree to participate (voluntary, unless ordered by a Housing Court judge).
• A neutral mediator guides the conversation, helping clarify misunderstandings or find common ground.
• If you reach an agreement, the mediator helps put it in writing. In court-mediated sessions, these agreements may become formal court orders if both sides sign.
• If mediation fails, you still have the right to bring your matter before the Housing Court.

Which Tribunal Handles Residential Tenancy Disputes?

The official tribunal handling landlord-tenant cases in Massachusetts is the Massachusetts Housing Court. The court has multiple locations statewide, each providing access to mediation, legal help, and resources for renters and landlords.

Relevant Legislation and Your Rights

Tenant and landlord rights in Massachusetts are governed by state laws, primarily Massachusetts General Laws Chapter 186: Estates for Years and at Will and Chapter 239: Summary Process for Possession of Land.¹ These laws outline rules for rental agreements, eviction procedures, notices, deposits, and legal remedies.

Important Forms for Renters Using Mediation

• Answer to Complaint for Summary Process (Eviction) (No official form number)
  Use this form to present your side in an eviction case and indicate that you want mediation. Example: If you receive a "Summary Process Summons and Complaint" for eviction, you can respond using the Answer to Complaint for Summary Process before your court date. Indicate on the form or notify the court clerk if you want mediation. This helps protect your rights while seeking a mediated solution.
• Tenancy Preservation Program Referral
  While not a traditional "form," the Tenancy Preservation Program (TPP) can assist renters at risk of eviction due to disability or health issues. Landlords, courts, or tenants may request mediation and referral to TPP for housing stabilization services.
• Request for Continuance
  Use this if you need more time to prepare for mediation or resolve the dispute outside of court. Obtain the Request for Continuance form from the Housing Court. Example: If you need more time to gather documents or schedule mediation before a court hearing, submit this to the clerk's office.

For all forms, contact your local Housing Court for instructions and deadlines.

FAQ: Mediation and Tenant Rights in Massachusetts

1. Can I refuse mediation if my landlord suggests it?
   Yes, mediation is usually voluntary unless ordered by the court. If you do not feel comfortable, you may decline, but mediation is intended to help both sides find solutions outside of court.
2. Does participating in mediation affect my eviction case?
   No, mediation itself does not impact your legal rights or the outcome of your eviction case. You still retain all your legal rights as a renter during and after the process.
3. Is mediation free for renters in Massachusetts?
   Most Housing Courts offer free mediation services. Community mediation centers may also provide services at little or no cost to renters.
4. What if my landlord doesn't follow through on the mediated agreement?
   If your landlord does not honor a written agreement made in mediation (especially if it’s part of a court order), you can ask the court to enforce it or seek legal assistance.
5. Where can I get help if mediation doesn’t resolve my issue?
   You can seek assistance from the Housing Court, renter advocacy groups, or legal aid organizations for next steps such as legal representation or filing a formal complaint.

Summary: Key Takeaways for Massachusetts Renters

• Mediation is a free, voluntary way to resolve tenant-landlord disputes in Massachusetts, often offered through Housing Courts.
• Your legal rights are protected during mediation, and you do not have to agree to any solution you aren’t comfortable with.
• Seek out official forms early and ask about mediation services if facing eviction, rent disputes, or maintenance issues.

Mediation offers renters a chance for a quicker, more collaborative solution. Always document your communications and seek help if you need it.

Need Help? Resources for Renters in Massachusetts

• Massachusetts Housing Court: Find your local court, mediation info, and forms.
• Office of Consumer Affairs & Business Regulation - Landlord/Tenant Guide: State guidelines and rights for renters.
• MassLegalHelp Housing Resources: Tenant advocacy and free legal help (supported by official legal aid and courts).
• Tenancy Preservation Program (TPP): Assistance for renters facing eviction for health/disability reasons.
• For community mediation centers, see Community Mediation Centers.

---

1. For primary tenant protections and laws on rent, eviction, and mediation, see: Massachusetts General Laws Chapter 186 and Chapter 239.
2. Massachusetts Housing Court information: Housing Court Homepage.
3. Find community mediation centers here: Community Mediation Centers Information.

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