Eastham, Mass., Code of Bylaws ch 116 § 116-5
Enforcement; violations and penalties (Eastham Rentals, Short-Term)
Operative Text
A. Enforcement options. Whoever violates any provision of this bylaw, or a regulation promulgated hereunder, may be penalized by indictment or on complaint brought in the district court. The Town may seek to enjoin violations thereof through any lawful process, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means. B. Noncriminal disposition. Whoever violates any provision of this bylaw, or a regulation promulgated hereunder, may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40, § 21D , and the Town's noncriminal disposition bylaw (Chapter 2). If noncriminal disposition is elected, then any person who violates any provision of this bylaw or regulation shall be subject to a penalty in the amount of $100 for the first offense; $200 for the second offense; and $300 for a third and subsequent offense. Each day or portion thereof shall constitute a separate offense. The Board of Health or its agent, or any police officer of the Town, shall be the enforcing authority. C. Suspension of certificate of registration. If a notice of violation of this bylaw or any regulation promulgated hereunder or other order is issued to the owner of a dwelling unit operated as a short-term rental by the Board of Health or its designee, after a certificate of registration is issued, the Board of Health, after a hearing, may suspend for a period of time determined by the Board of Health or revoke said certificate of registration until the violation has been cured or otherwise resolved. Multiple violations by any owner may, at the discretion of the Board of Health and after a hearing, disqualify that owner from obtaining a certificate of registration for a period of up to three years. D. Civil penalty. In accordance with G.L. c. 64G, § 14(v) , the Town may assess a civil penalty not to exceed $5,000 for any violation of this bylaw or a regulation issued hereunder. Each day a violation continues shall be considered a separate offense.
Eastham's CH. 116 § 116-5 establishes multiple enforcement tracks for violations of the town's short-term rental bylaw. Violations can be pursued criminally through district court, handled through a noncriminal fine process with escalating penalties ($100 for a first offense, $200 for a second, and $300 for each subsequent offense), or subjected to a civil penalty of up to $5,000 per violation. Additionally, the Board of Health may suspend or revoke a short-term rental certificate of registration after a hearing, and repeat violators may be barred from obtaining a certificate for up to three years. Each day a violation continues counts as a separate offense under both the noncriminal and civil penalty tracks.
Plain English — not legal advice.
Operators of short-term rentals in Eastham should be aware that CH. 116 § 116-5 gives the town broad enforcement authority, including fines that escalate with each offense and civil penalties reaching up to $5,000 per day of continued violation. Compliant operators generally maintain a valid certificate of registration, promptly address any notices of violation issued by the Board of Health, and resolve issues before they accumulate into multiple offenses. Because the Board of Health can suspend or revoke a certificate—and can bar repeat violators from registering for up to three years—operators typically treat any notice of violation as a matter requiring immediate attention.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and neighbors affected by short-term rental activity in Eastham may find CH. 116 § 116-5 relevant when a rental unit appears to be operating in violation of the town's bylaw. The Board of Health, its agents, and town police officers are all designated as enforcing authorities under this provision, and complaints can be directed to those bodies. Individuals seeking to understand their options may also consult a tenant-rights organization or legal aid resource familiar with Massachusetts short-term rental regulations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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