Massachusetts Court Clarifies Commercial Lockout Rules

The ruling confirms that landlords cannot use self-help evictions against commercial tenants in Massachusetts.

Updated on Oct. 15, 2026 in Apartments

Massachusetts Court Clarifies Commercial Lockout Rules

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Should commercial landlords be prohibited from using self-help lockouts against tenants who default on their leases?

An appellate court has vacated a lower court judgment, ordering a review of a tenant's claim regarding an illegal self-help lockout. The case returns to the trial level to determine if damages should be offset by the landlord's actions.

Why it matters

This decision clarifies that Massachusetts law prohibiting self-help evictions applies to commercial rental properties. It ensures that landlords cannot bypass legal procedures to remove tenants, potentially changing how liability and fee-shifting are calculated.

The appellate court vacated the judgment previously entered in Hingham District Court. The case now hinges on whether the landlord's use of self-help warrants an offset to the 200% rent penalty provision.

The players

Hingham District Court

A local trial court tasked with resolving landlord-tenant disputes and applying Massachusetts property law.

The details

Under Massachusetts law, specifically G.L.c. 184, §18, self-help evictions are prohibited regardless of the property type. The appellate court found that the trial court failed to account for the tenant's claim that the landlord utilized an illegal lockout. This oversight prevented an accurate calculation of potential damages and final attorney's fees, necessitating a return to the trial court for further proceedings.

1977: Gidwani v. Wasserman decided.
1986: Lawless-Mawhinney Motors, Inc. v. Mawhinney decided.
2023: Dacey v. Burgess decided.
July 3, 2026: Original judgment entered in Hingham District Court.
October 15, 2026: Appellate court issued current decision.

The Home Front

This ruling strengthens the application of G.L.c. 184, §18, confirming that commercial tenants share similar protections against summary lockout actions as residential renters. It serves as a reminder that legal eviction channels must be followed strictly to maintain enforceability of lease terms.

Commercial tenants should review their lease agreements to understand how fee-shifting provisions and penalty clauses might be impacted by this ruling. If you believe you have been subjected to an illegal lockout, consult with a licensed attorney to discuss your rights regarding damage offsets.

The takeaway

This case highlights that landlord-tenant statutes regarding self-help are robust and applicable to commercial spaces. Property owners and business tenants should ensure all eviction procedures strictly adhere to legal channels to avoid vacated judgments and prolonged litigation.