Massachusetts’ Trespassing Laws

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The Massachusetts’ trespassing statute is M.G.L. c. 266, section 120.  It states that

Whoever, without right enters or remains in or upon the dwelling house, buildings…or improved or enclosed land…of another…after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon…shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment.

The law also states that any person found trespassing may be arrested by the police and held in custody for up to 24 hours.

This law does not apply to tenants or occupants who entered the property lawfully, even though they are now delinquent on their rent payments or in violation of the terms of their lease agreements.

If you have questions about the law please contact me at justin@jrmccarthy.com.

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