What Is a Massachusetts Eviction Notice?
A Massachusetts eviction notice is a legal notice that helps you, as a landlord, start the eviction process. It communicates what the tenant did wrong (a lease violation, failure to pay rent, etc.) or that they must move out for no fault of their own.
An eviction notice in Massachusetts simply kicks off the eviction process. A tenant doesn’t legally need to move out as soon as the notice is sent. Instead, you can think of the provided notice period as a waiting period. Once the date listed on the notice to quit has passed, the tenancy is officially terminated. From here, you have earned the legal right to file a Summary Process Summons and Complaint in court.
An MA eviction notice helps you comply with established legal processes. By issuing proper notice, you won’t be tempted to engage in self-help evictions, which are illegal under Massachusetts law (MA Gen L ch 186, § 14).
Types of Eviction Notices in Massachusetts
Massachusetts landlords must select the correct eviction notice based on the reason for ending the tenancy. Each notice type includes a required notice period and must comply with state law.
14-Day Notice to Quit in Massachusetts (for Nonpayment of Rent)
You can issue a 14-day notice to quit for nonpayment of rent in accordance with MA Gen L ch 186 § 11. This 14-day notice period serves as the waiting period before you can take further legal action.
Technically, the tenant has 10 days to pay. Their 10-day “right to cure” is supported by MA Gen L ch 186 § 12. Once the 10 days pass, you don’t legally have to accept overdue rent payments, but you must still wait an additional four days. During these extra four days, the tenant can still move out to avoid going to court with you.
14-Day Notice to Quit for Non-Payment
Use this notice for rent non-payment, giving tenants a chance to pay and avoid eviction, with legal action possible after 14 days.
Notice to Quit for Noncompliance in Massachusetts
If the tenant breaks a lease term, such as a no-pet or no-smoking clause, you can send an eviction notice for noncompliance. There is no state-mandated notice period for noncompliance eviction notices, but they typically are 30-day notices. The lease itself may also provide guidance on the required notice in this situation.
Alternatively, you can make the notice equal to a full rental period. For example, the notice period would be one month for a month-to-month lease and one week for a week-to-week tenancy.
Notice to Quit for Non-Compliance
Use this notice to quit for non-compliance, following lease terms or giving 30 days or one rental period, leading to possible eviction if unresolved.
What If I Need to Terminate the Lease for Illegal Activity in Massachusetts?
MA Gen L ch 139 § 19 allows you to void a lease if a tenant engages in illegal activity on the property, including but not limited to prostitution, gambling, illegal possession of drugs or weapons, etc.). An instance of illegal activity on a Massachusetts property can bypass the standard 14- and 30-day notices. You can terminate the lease immediately, but you must avoid self-help eviction actions and always go through the standard court process.
How to Evict a Tenant in Massachusetts
Evictions in Massachusetts must follow the legal process outlined in MA Gen L ch 239. Landlords must first serve the correct notice based on the reason for eviction. If the tenant does not comply, you can file a summary process action in court to regain possession of the rental property. Follow these steps to evict a tenant in Massachusetts:
Step 1 – Serve the Tenant Notice
Begin by serving proper notice to the tenant, choosing the correct notice based on the reason for eviction. You should deliver the notice in writing either by hand or by certified mail. For extra security, consider hiring a process server. No matter what delivery method you use, consider pairing it with a proof of service affidavit to confirm the tenant received the notice.
Wait for the tenant to acknowledge your notice. If they comply by either correcting the violation or moving out, you won’t need to take any further action. Otherwise, you can proceed with the rest of the steps in the Massachusetts eviction process.
Terminating a Lease Without Cause in Massachusetts
You must use a 30-day lease termination notice in Massachusetts to end a month-to-month tenancy without cause (MA Gen L ch 186 § 12). This 30-day notice to quit gives the tenant sufficient time to move out, and with proper compliance, you won’t have to remedy the situation in court.
Step 2 – Fill Out a Summary Process Summons and Complaint
Deal with a noncompliant tenant by filling out the Summary Process Summons and Complaint form. You must purchase a form from your local Massachusetts courthouse.
You can view a sample of the Summary Process Summons and Complaint form online, but you must buy an official fillable document from your courthouse.
According to MA Gen L ch 239 § 1, you must enlist the help of a constable or a sheriff to serve the notice to the tenant. While you can serve the initial eviction notice on your own, you cannot serve the Summary Process Summons and Complaint yourself.
Step 3 – File With the Court
Enter your case by officially filing it with your local court. You’ll need to file the following documents:
- The original notice to quit (either a 14-day eviction notice template in Massachusetts or another eviction notice for noncompliance)
- The original Summons and Complaint
- The constable’s proof of delivery of the Summons and Complaint
Be prepared to pay the associated filing fee. The average cost is around $150, but it will depend on the court where you file. Most transactions will come with an additional $5 surcharge.
Additional Document Needed
If you are dealing with an eviction case for nonpayment of rent, you will also need to file an Affidavit of Compliance. This affidavit proves that you sent the original 14-day notice to the tenant, and it’s necessary to comply with the requirements outlined in MA Gen L ch 186 § 31.
Step 4 – Give the Tenant Time to Answer
Allow the tenant to file a Summary Process Answer if they disagree with the filing. They have three business days to file an answer before their first court hearing.
They can also file a Discovery to request all evidence that will be used against them in court. If they file a Discovery, the trial will be postponed by at least two weeks.
Be aware of MA Gen L ch 239 § 8A, which allows the tenant to withhold rent if there is a habitability issue with their living situation. When they go to trial with you, they may be able to present evidence of unlivable conditions to justify nonpayment of rent.
Step 5 – Attend the Trial
Attend the trial and present your evidence. If the tenant doesn’t appear at the trial, the judge can issue a default judgment, granting you an automatic win.
If both parties attend the trial and the judge rules in your favor, they will issue a judgment for possession (MA Gen L ch. 239, § 3). The tenant will have 10 days to appeal (MA Gen L ch. 239, § 5).
If the tenant doesn’t move out within 10 days and has not appealed the decision granting you possession, you can request an execution for possession. Under this order, a constable must deliver a 48-hour eviction notice in Massachusetts to the tenant. This 48-hour notice is required before they can initiate the physical removal process.
Sample Massachusetts Eviction Notice
View an example of our 14-day eviction notice template for nonpayment of rent in Massachusetts. This form shows you how to format your initial Massachusetts eviction notice form before you proceed with the rest of the process. Fill out yours with custom details, then download it in PDF or Word.
