Yes, squatting exists in a legally ambiguous space in Massachusetts, but it is not automatically lawful.
Squatting—occupying property without legal title or consent—is not explicitly criminalized under Massachusetts law unless trespass or breaking and entering statutes are violated. Civil eviction proceedings under M.G.L. c. 239 remain the primary recourse for property owners, while local housing authorities, such as the Boston Housing Authority, enforce occupancy standards that may indirectly deter squatting. Recent 2026 legislative proposals aim to clarify penalties for squatting in foreclosed properties, signaling a potential shift toward stricter enforcement.
Key Regulations for Squatting in Massachusetts
- Trespass Law (M.G.L. c. 266, § 120): Occupying a property without permission constitutes criminal trespass if the owner has not abandoned the premises, punishable by up to 2.5 years in jail.
- Eviction Protections (M.G.L. c. 239): Even without a lease, property owners must follow formal eviction processes via Housing Court or District Court; self-help evictions (e.g., changing locks) are illegal.
- Foreclosure Squatting (Proposed 2026 Amendments): Pending legislation seeks to impose felony charges for squatting in foreclosed residential properties within 12 months of auction, aligning with federal housing fraud enforcement trends.