Consumer Protection Law (93A) - Suing Your Landlord Under the Consumer Protection Act - 30 Day Demand Letter

Sep 16, 2026

Guide to suing a Massachusetts landlord under the Consumer Protection Act, Massachusetts General Law c.93A, for unfair or deceptive practices. Explains prohibited conduct, the mandatory requirement to send a 30 Day Demand Letter before filing in court, and what the letter must include: identity, detailed allegations, dates, injury description, and the requested relief amount. Covers how the landlord must respond in good faith within 30 days, potential damages and attorney fees, options for Small Claims or civil action, retaliation protections, and hints for pursuing related claims such as class actions.

LanguageEnglish

CategoryLetters

FormatPDF

Pages30

Reading Time11 min

AccessFree to download

Consumer Protection Law (93A)

Suing Your Landlord Under the Consumer Protection Act

Unfair or Deceptive Practices That May Violate Chapter 93A

30 Day Demand Letter Requirements

Delivery, Response, and Potential Damages

Court Options and Lawyer Considerations

Retaliation Protections and Presumptions

Demand Letter Template (Section 9)

2. # Consumer Protection Law (93A)Suing Your Landlord Under the Consumer Protection Act This information sheet will focus on how to go about suing your landlord for unfair ordeceptive practices under Massachusetts General Law 93A,known as the ConsumerProtection Act. It is illegal for your landlord to use(or attempt or threaten to use)any unfair or deceptivepractices.These unfair or deceptive practices include,among others: 1-Failing to comply with local building and housing codes or the statesanitary code; 2-Violating state statutes against retaliatory eviction; 3-Unfair debt collection practices; 4-Sending you documents which look like court papers but are not; 5-Refusing to accept notices from you; 6-Not complying with a provision of your lease that had been previously agreed to(such as an agreement allowing you to have a pet or a waterbed) 7-Including illegal terms in your lease; 8-Omitting from your lease the name,addresses,and phone numbers of theowners and managers of your building; 9-Failing to give you a copy of your lease within 30 days after you signed it;10-violating any state or federal law or local ordinance intended to protectconsumers; 11-Violating the state condo conversion law;or 12-Any other conduct which you can convince a judge was unfair or deceptive. When beginning an action under the Massachusetts Consumer Protection Act,the lawrequires you to send the landlord a letter 30 days before filing a claim in court.(M.G.L. c.93A).This is called a 30 Day Demand Letter and must outline your complaint,theharm you suffered,and how you want the problem resolved.There is a sample demandletter attached. To meet your legal obligations,include the following information in your 30 DayDemand Letter: -Your full name and address -The description of the unfair or deceptive act or practice including all the unfairor deceptive practices claimed,the dates involved in the transaction,and any otherimportant facts.If you know the regulation number of the regulation violated,you maywish to include it.However,you are not limited to written regulations or laws -Clearly explain the injury you suffered as a result of the unlawful actas: -The demanded relief including the amount of money you are demanding torecover. Although it is not required by law,the 30-Day Demand Letter should be sent by certifiedmail,return-receipt requested,so that you willhave proof of delivery.Send the letter byregular mail also,and keep a copy for your files. The landlord must make a good faith response within 30 days,or it could subject him/herto triple damages and attorney's fees.The 30 Day Demand Letter serves to encourage thelandlord to negotiate and settle the claims out of court.It also establishes the amount ofmonetary damages you can recover if the charges are proven in court. Should the landlord respond with an offer,you must choose to either reject or accept theoffer.If you reject an offer that the Court later finds to be reasonable,the amount youcan recover might be limited.The Court may limit the amount you can collect to whatthe landlord originally offered you.If s/he doesn't make an offer and you can prove thats/he violated the Consumer Protection Act,you are entitled to $25 per violation,or actualdamages,whichever is greater.If you can prove that s/he knew or should have knownthe acts were unfair or deceptive,you could get double ortriple damages,plus reasonableattorney's fees and court costs. If the initial amount of your claim is $7000 or less,you may file suit using the SmallClaims procedure,and no matter what the amount you may file a regular civil action;either may be filed in District Court or,if your area has one,in Housing Court.In SmallClaims Court it is not necessary that you have a lawyer;otherwise you will generallywant to get the assistance of a lawyer ifyou are thinking about filing or have decided tofile suit against your landlord.If other tenants were similarly affected or injure

FAQs

What is the 30 Day Demand Letter and when must it be sent?

It is a letter required by the Massachusetts Consumer Protection Act that must be sent to the landlord 30 days before filing a court claim. It should outline the complaint, the harm suffered, and the resolution sought.

What information must be included in a 30 Day Demand Letter?

Include your full name and address, a detailed description of the unfair or deceptive acts with relevant dates and facts, an explanation of the injury suffered, and the demanded relief including the money sought.

What happens if the landlord does not respond or makes an offer?

The landlord must make a good faith response within 30 days or face possible triple damages and attorney’s fees. If an offer is rejected and later found reasonable, recovery may be limited to the originally offered amount.

Sep 16, 2026

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