Massachusetts Eviction Process for Landlords

To evict a tenant in Massachusetts, you end the tenancy with a written notice to quit, then file a court case called summary process and, if you win, have a sheriff or constable carry out the court's execution. For unpaid rent, state law requires 14 days' notice, but CARES Act coverage may require at least 30 days before filing; the tenant can often cancel the notice by paying. For a tenant at will (month-to-month, no lease), any other reason needs a notice of at least 30 days or one full rental period, whichever is longer. Every city and town is covered by a division of the Housing Court, and only a court officer can remove the tenant.

Which notice to quit do you need?

Nonpayment notices. Under Mass. Gen. Laws c. 186, section 12 (tenants at will) and section 11 (tenants with leases), state law sets a 14-day notice for nonpayment, subject to any longer federal notice requirement. A tenant at will who pays the full amount within 10 days of receiving the notice keeps the tenancy, unless the tenant received another 14-day notice in the prior 12 months. The notice should tell the tenant about this 10-day right; according to the Massachusetts Law Reform Institute, a notice that leaves it out gives the tenant until the answer date to pay. A 14-day notice can demand only unpaid rent, not late fees or other charges.

The required form. Every nonpayment notice to quit for a residential unit must come with the state form published by the Executive Office of Housing and Livable Communities, which explains rental assistance and repayment options and states that the notice is not an eviction. The court will not accept a nonpayment case without proof you delivered the form.

Rental-period notices. For a monthly tenant whose rent is due on the 1st, a notice ending the tenancy on September 1 must be received by August 1. A notice that arrives late or ends on the wrong day is invalid, and you need a new one. If you accept rent after the notice date without stating that the money is for "use and occupancy only," you can lose the right to rely on the notice. For how to word these notices, see how to end a month-to-month rental agreement.

Filing a summary process case

Summary process cases follow the Uniform Summary Process Rules, and since 2017 every community has a Housing Court division. You can also file in District Court, but the tenant can move the case to Housing Court.

1. Wait until the notice period ends. Serving court papers before the tenancy has ended is not allowed.
2. Serve the Summons and Complaint. A sheriff or constable serves it. The complaint lists an entry date, which must be a Monday at least 7 and no more than 30 days after service.
3. File (enter) the case with the court by the entry date, with a copy of the notice to quit and, for nonpayment, proof that you delivered the state form and the court's Affidavit of Compliance with G.L. c. 186, section 31.
4. Have a sheriff or constable serve the court's notice of the first court event on each named tenant at least 14 days before that date. In Housing Court, also have the officer serve the court's information sheet. File the officer's return of service, the written record of delivery, by the initial court event. In Housing Court, this first event is mediation with a housing specialist.
5. Trial. If mediation does not settle the case, a trial is usually set for about two weeks later. The tenant's answer is due 3 business days before the first court event. Requests for a jury trial or discovery (documents or written answers from the other side) can push the trial out further; follow the court's deadlines for those requests.

These deadlines come from the Uniform Summary Process Rules, as modified by Housing Court Standing Order 1-23 or District Court Fourth Amended Standing Order 10-20, depending on where you file. Follow the dates on the court's notice if they differ.

Tenant defenses and counterclaims

In a nonpayment or no-fault case, Mass. Gen. Laws c. 239, section 8A lets the tenant raise claims against you that reduce or wipe out the rent owed. Two to check before you file:

• Repair conditions. A tenant can claim the unit's fair value was less than the rent because of code violations, if you or your agent knew of the conditions before the tenant fell behind and the tenant did not cause them. A board of health inspection notice creates a presumption that you knew. See Massachusetts maintenance and repair obligations.
• Security deposit violations. Failing to give a receipt or condition statement, hold the deposit in a separate account, pay annual interest, or return it on time can be a defense, and some violations entitle the tenant to three times the deposit. See Massachusetts security deposit laws.

If the court finds you are owed more than the tenant's claims are worth, the tenant can still keep the unit by paying the balance, with interest and costs, within one week of the court's written notice. The court can also order the tenant to pay rent into court while the case is pending.

Rental assistance. In a case based only on nonpayment caused by financial hardship, if the tenant shows a pending application for emergency rental assistance, the court must continue the case and cannot enter judgment or issue an execution until the application is approved or denied.

Stays, appeals, and the execution

Appeal. Either side can appeal within 10 days after judgment, and the court will not issue the execution, the order that lets an officer remove the tenant, until those 10 days pass. A tenant appealing a possession judgment generally must provide a bond, meaning cash deposited with the court or a court-approved guarantee to pay rent and damages. A tenant who is indigent and has a non-frivolous defense can ask the court to waive it, but may be ordered to pay ongoing rent during the appeal.

Stays in no-fault cases. If you ended the tenancy without fault by the tenant, such as a 30-day notice to sell or move in, Mass. Gen. Laws c. 239, section 9 lets the court delay the execution for up to 6 months, or up to 12 months if the tenant is 60 or older or has a disability. These stays do not apply to cases based on a 14-day nonpayment notice.

Execution and the 48-hour notice. Once issued, the execution is valid for three months. For a nonpayment judgment, you cannot use the execution if the money judgment and all charges for occupancy since judgment have been paid in full; return it to the court marked fully satisfied. You are not required to accept that payment. If the execution remains enforceable, give it to a sheriff or constable, who must serve the tenant with written notice at least 48 hours before the move-out stating the date and time. The officer can carry it out only between 9 a.m. and 5 p.m. on a weekday that is not a legal holiday. Belongings left in the unit go to a licensed public warehouse named in the notice. You must pay to move the belongings to storage, though you can seek reimbursement from the tenant; see handling a tenant's abandoned property.

Lockout and utility shutoff penalties

Under Mass. Gen. Laws c. 186, section 14, a landlord who changes the locks, removes a tenant without a court process, interferes with quiet enjoyment, or willfully cuts off required utilities faces a criminal fine of $25 to $300 or up to 6 months in jail. The tenant can also recover actual and consequential damages or three months' rent, whichever is greater, plus attorney's fees, and can subtract that amount from rent owed. A lease clause waiving these protections is void.

For the general sequence of an eviction in any state, see the steps for eviction proceedings.