Cal. Civ. Code § 16
Leases or rental agreements restricting occupancy of children
Operative Text
Section 16. Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to terminate, or to provide that the lessor or landlord may terminate, such lease or agreement if the tenant has or shall have a child or children, who shall occupy the premises covered by such lease or agreement, shall be deemed to be against public policy and void.
Mass. Gen. Laws c. 186 § 16 renders unenforceable any clause in a lease or rental agreement whose practical effect is to end the tenancy—or to give the landlord the power to end it—because a child or children occupy the unit. It does not matter what language is used to accomplish that result; if the clause functions as a child-occupancy restriction tied to termination, it is treated as contrary to public policy and has no legal force. The rule applies to both existing and future children who would live in the covered premises.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 16, compliant operators review their lease templates to ensure no clause—however worded—conditions tenancy continuation on the absence of children in the unit. Property managers generally avoid occupancy-restriction language that could be read as authorizing termination based on a child moving in, since such provisions are void regardless of whether a tenant signed them. Staying current with this provision helps operators avoid disputes that could arise when a tenant's household composition changes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 16 means that a lease clause purporting to allow a landlord to terminate your tenancy because a child occupies the unit carries no legal weight. If a landlord attempts to enforce such a provision or threatens termination on that basis, tenants may raise the clause's invalidity as a defense in any eviction or housing court proceeding. Tenant-rights organizations and local legal aid offices can help renters understand how this provision applies to their lease documents and what general enforcement paths are available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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