Massachusetts Eviction Process

How to Evict a Tenant in Massachusetts

Step 1: Serve the Eviction Notice

Landlords must adhere to the state’s eviction laws, as outlined in Chapter 186 and Chapter 239 of the Massachusetts General Laws, to legally evict a tenant. To start the eviction notice process, serve the tenant a written notice to quit. The notice must state the exact reason for terminating the tenancy.

You can serve the notice through the following methods:

• Hand delivery to the tenant
• Delivery by registered or certified mail
• Delivery by a constable or sheriff

Massachusetts law doesn’t specify the delivery method. However, the notice to quit must be received by the tenant for it to be effective. The landlord must prove that the tenant received the notice. So, if you deliver it personally to the tenant, have an uninterested party witness the service.

If you deliver the notice via mail, extend the notice period by three days.

Step 2: Wait for the Tenant to Respond

The tenant may remedy the violation or move out of the rental unit. If they do so, the eviction process ends. If the tenant doesn’t comply with your request, wait for the notice period to end so the lease can terminate.

Step 3: File Eviction Lawsuit

The eviction proceedings in Massachusetts follow the same rules in all courts, called the Uniform Summary Process Rules.

To continue with the eviction process, buy and fill out a summons and complaint form from the court clerk’s office where you want to file your lawsuit. After purchasing and filling out this form, pay a sheriff or constable to serve it on the tenant. After the officer serves the summons and complaint, file it with the court and pay the filing fee. The filing fee may be $120 if you file it in a housing court or $180 if in a district court.

State law is particular on the day you can file with the court, also known as the entry date. You must file the lawsuit on or before the entry date stated in the summons and complain and present the following documents:

• The notice to quit
• Summons and complaint
• Return of service

The entry date must be between seven and 30 days after the date the sheriff served the tenant, also called the service date. Entry dates must be on a Monday, but it may be on the following Tuesday if it’s a holiday.

Step 4: Court Hearing

Tenants don’t have to file a written answer to the landlord’s complaint to attend the eviction hearing. However, if they decide to do so, they must do so within seven days of the entry date.

The trial date is usually 10-16 days after the entry date (i.e., from the Thursday after the answer date). However, if the tenant requests discovery, the court will postpone the trial date by two weeks.

The court can postpone the eviction hearing for seven days if the tenant appears, but they didn’t file a written answer or if the tenant is present at the hearing but the landlord is absent.

Step 5: Judgment and Possible Outcomes

If the tenant doesn’t show up for the hearing (even if they filed a written answer), the court may issue a default judgment in favor of the landlord.

If the court rules in favor of the landlord, the tenant has ten days from the date that the clerk receives judgment to file an appeal or vacate the premises (Mass. Gen. Laws ch. 239, § 5).

Step 6: Restoration of Possession

To recover possession, the landlord will submit a written request to the clerk’s office for execution. If the tenant doesn’t file an appeal, this may be on the 11th day after judgment. The writ of execution directs the sheriff or constable to remove the tenant forcibly after 48 hours.

The sheriff and constable will give the tenant notice to vacate the premises. Otherwise, the officer will return to remove them from the rental unit after 48 hours. However, they can’t serve the writ of execution on a tenant after 5 PM or before 9 AM on a weekday, on weekends, or legal holidays.

Stay of Execution

In a no-fault eviction, the tenant may ask for a stay of execution if they need time to find a new apartment. A judge may grant a stay of execution for up to six months or up to 12 months if the tenant has a disability or is over 60.

If the judge grants a stay of execution, the landlord will wait for the end of the period before removing the tenant.

Eviction Reasons

Landlords can’t evict tenants in Massachusetts without cause. As in most states, landlords can’t carry out retaliatory eviction because the tenant exercised a legally protected right.

You can’t evict a tenant because they complained about an issue, reported a problem with the property to a government agency, joined a tenant union, filed a legal action against you, or withheld rent for a reason allowed by law.

Also, the Massachusetts Fair Housing Law prohibits discriminatory conduct. So, landlords can’t evict a tenant because of their national origin, color, race, gender, gender identity, sexual orientation, ancestry, marital status, age, disability, genetic information, veteran or active military status, familial status (having children), and source of income.

There are specific grounds that allow you to start a Massachusetts eviction process, and they fall into two categories:

At-Fault Evictions

At-fault evictions permit you to evict a tenant because of their conduct, such as:

• Failing to pay rent
• Violating lease terms
• Staying after the lease ends
• Committing illegal activity on the property

To start the eviction process, you must give notice. The length of the notice depends on the reason for the eviction.

1. 14-Day Notice to Pay Rent or Vacate

Overview:

• Use a 14-day notice to quit when a tenant has defaulted on rent payment.
• The notice gives the tenant 14 days to pay the outstanding rent or vacate.
• The notice terminates the lease if the tenant doesn’t pay at the end of 14 days.

When the landlord files an eviction action, the tenant may clear the rent plus the legal cost on or before the day the answer is due (within seven days) unless the lease agreement removes the right to cure (Mass. Gen. Laws ch. 186, § 11). Also, there’s no grace period to pay rent, so rent is late a day after it’s due unless the lease states otherwise.

2. Notice to Quit for Non-Compliance

Overview:

• Use when a tenant is violating the lease agreement by committing a nuisance, interfering with other tenants’tenant’s or landlord’s safety and enjoyment of the premises, or causing substantial damage to the rental unit.
• Requires a tenant to correct a lease violation or leave the property within a specified notice period, typically 30 days.

3. Unconditional Notice to Quit for Illegal Activity

Overview:

• Use when a tenant is suing the premises for illegal activities, such as prostitution, illegal gaming, handling controlled substances, possessing or using explosives or related devices, or illegal handling of alcohol.
• The law does not specify the length of the notice.
• The tenant does not get an option to remedy their action.
• The notice terminates the lease agreement (Mass. Gen. Laws ch. 139, § 19).

No-Fault Evictions

No-fault eviction occurs when you need to evict a tenant because you want to use the premises another way. You may wish to evict a tenant because you or a family member need to use the rental unit, remodel or demolish the property, or stop renting the premises.

1. Notice to End Tenancy-at-Will

Overview:

• Send a 30-day notice to quit if the tenant does not have a lease, also known as tenancy-at-will, or if their lease has ended, but they remain on the premises, also known as a holdover tenant.
• The 30-day notice terminates the lease and directs the tenant to move out by the end of the notice period (Mass. Gen. Laws ch. 186, § 13)

2. Notice to End a Periodic Tenancy

Overview:

• Use a three-month notice to quit if the lease is three months or above and a 30-day notice to quit for tenancies less than three months (monthly and weekly tenancies)
• The notices must inform the tenant that the lease terminates at the end of the notice period when they must move out
• Notice may include an offer to enter a new lease agreement with different terms (Mass. Gen. Laws ch. 186, § 12)

3. Notice to End a Fixed-Term Tenancy

Overview:

• In fixed-term tenancy, the lease agreement specifies when the lease will end.
• You don’t have to give the tenant a written notice to quit unless the lease agreement requires it.

Eviction Timeline

Tenant Rights in Massachusetts

Self-Help Evictions

Massachusetts landlord cannot force out a tenant unlawfully by doing any of the following:

• Cutting off tenant’s access to utilities, such as water, heat, gas, and electricity
• Changing locks
• Removing doors, roofs, walls, or windows
• Seizing tenant’s belongings

An aggrieved tenant can file an action against the landlord to recover possession of the rental unit or terminate the lease. They can also recover damages for actual or consequential damages or three months’ rent, whichever is greater, and the cost of the action, including reasonable attorney’s fees (Mass. Gen. Laws ch. 186, § 14 and Mass. Gen. Laws ch. 186, § 15F).

Abandoned Property

Mass. Gen. Laws ch. 239, §§ 3 – 4 provides the procedure for handling an evicted tenant’s property.

The law requires the officer who served the execution to remove the tenant’s personal property and store it in a licensed public warehouse. The landlord is responsible for the cost, but they are entitled to reimbursement.

The officer will personally give the tenant a written notice or via certified mail at the tenant’s last- and best-known address. The notice will contain the following:

• The signature, full name, full business address, and business telephone number of the officer
• The name of the court and the docket number of the action
• A statement that the officer will place any personal property remaining on the premises in storage at a licensed public warehouse and information about the warehouse
• A statement that the tenant can find out the warehouse’s storage rates by contacting the commissioner of the division of occupational licensure and the address and telephone number of such agency
• A statement that the warehouse may auction any unclaimed property after six months and use the proceeds to offset the storage cost.

If an animal is present, the officer will notify an animal control officer, a police officer, or other authorized agents about its presence and condition.

Resources

• Mass Legal Help: Lawyer referral services, self-help forms, legal aid services, and information on tenants rights and eviction laws
• Mass.gov: Self-help forms, information on tenants’ rights, and eviction laws
• City of Boston: Virtual legal clinic for landlords and tenants
• Greater Boston Legal Services: Legal aid services and eviction self-help materials