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Massachusetts Property Disclosure Laws

Death, biohazard, and meth contamination disclosure rules for Massachusetts real estate and rentals — for sellers, buyers, and landlords.

Death disclosure
Not required
Time window
N/A
Meth disclosure
Not required
Suicide addressed in statute
Yes
Stigma safe harbor
Yes
Primary statute
Mass. Gen. Laws ch. 93, § 114

For Sellers

Massachusetts statute expressly states that felonies, suicides, homicides, HIV/AIDS, and alleged paranormal phenomena are not material facts. Sellers and lessors may not misrepresent if asked directly.

Statute: Mass. Gen. Laws ch. 93, § 114

  1. Check your state seller disclosure form — answer every question truthfully, even if the specific event is not listed.
  2. When in doubt, disclose in writing. Nondisclosure claims are harder to defend than disclosure complaints.
  3. Consult a licensed real estate attorney in your state before listing if a biohazard event occurred on the property.

For Buyers

Remedy standard: Limited — statute bars stigma claims; misrepresentation if asked directly. Stigma-only claims are generally barred in Massachusetts, but sellers must answer truthfully if asked in writing — lies in response to a direct question are actionable fraud in every state.

  1. Ask the seller in writing whether any death, crime, meth activity, or biohazard event has occurred on the property.
  2. Order a professional inspection and, if suspicious, request meth residue testing or environmental screening.
  3. Search local news archives and the address on public record databases before closing.

For Landlords

Death disclosure to tenants: Not required. Biohazard/meth disclosure: Not specifically required; general habitability rules still apply. Bedbug disclosure: Not required by state law. Federal lead paint disclosure applies to pre-1978 housing in all states.

  1. Review your state landlord-tenant act for disclosure obligations before advertising the unit.
  2. Keep written documentation of any remediation performed, including certificates from licensed biohazard contractors.
  3. When a prospective tenant asks about a past incident, answer truthfully — silence in response to a direct question can be actionable.

Massachusetts Disclosure FAQ

Do I have to disclose a death when selling a house in Massachusetts?
Massachusetts statute expressly states that felonies, suicides, homicides, HIV/AIDS, and alleged paranormal phenomena are not material facts. Sellers and lessors may not misrepresent if asked directly.
What is the Massachusetts statute on stigmatized property?
The governing authority is Mass. Gen. Laws ch. 93, § 114. Massachusetts protects sellers from liability for nondisclosure of deaths and psychological stigmas in most circumstances.
Does Massachusetts require meth contamination disclosure?
No statewide meth disclosure statute. Local boards of health may require remediation.
Do landlords in Massachusetts have to tell tenants about a past death?
Landlord death disclosure in Massachusetts: not required. General habitability rules still apply to any condition affecting health or safety.
Can a buyer sue for nondisclosure in Massachusetts?
The standard in Massachusetts is: Limited — statute bars stigma claims; misrepresentation if asked directly. Stigma-only claims are generally barred, but fraud, active concealment, and misrepresentation in response to direct questions remain actionable.

Related Resources

Biohazard cleanup cost calculator — estimate remediation cost for a property in Massachusetts before you list.
Insurance coverage guide — see which homeowner and landlord policies cover biohazard events.
Massachusetts victim compensation program — covers cleanup costs after a qualifying crime.
Massachusetts Real Estate Commission — file complaints about licensees and confirm current disclosure rules.
Not legal advice. This page summarizes general disclosure rules in Massachusetts for informational purposes. Laws change, and individual circumstances vary. Consult a licensed Massachusetts real estate attorney before relying on this information for any transaction.
Last verified: 2026-04-09 · Depth: verified