Massachusetts Eviction Process: Notices, Summary Process, and Court

Evicting a tenant in Massachusetts is a formal, court-driven process. The Commonwealth provides significant procedural safeguards for tenants, including mandatory notice periods, a "right to cure" for non-payment cases, and strict prohibitions against self-help remedies.

Official Law Citation: Massachusetts General Laws Chapter 239 (Summary Process).

Step 1:

The Notice to Quit All Massachusetts evictions begin with a written Notice to Quit. The type and length of notice depends on the grounds for eviction.

Non-Payment of Rent: 14-Day Notice

If a tenant fails to pay rent, the landlord must serve a 14-day Notice to Quit.

• The Right to Cure: Under MGL Ch. 186, §31, if this is the tenant's first non-payment notice in a 12-month period, the tenant has the right to "cure" the default by paying all rent owed within 10 days of receiving the notice. If the tenant pays up, the eviction is cancelled.
• Mandatory Accompanying Form: The landlord must also serve a specific form (mandated by §31) alongside the 14-day notice that informs the tenant of their right to cure and provides information on rental assistance programs.

Lease Violations: 30-Day Notice

For material lease violations (e.g., unauthorized pets, subleasing without permission), the landlord serves a 30-day Notice to Quit (or one full rental period, whichever is longer for a tenancy-at-will).

No-Fault Termination: 30-Day Notice

To end a month-to-month tenancy without the tenant being at fault, the landlord must provide 30 days' notice or one full rental period's notice, whichever is longer.

Step 2: Summary Process (Court Filing)

If the tenant does not vacate or cure the issue after the Notice to Quit period expires, the landlord must file a Summary Process Summons and Complaint in court.

• Where to file: Residential evictions are typically filed in Housing Court or District Court.
• Service: The Summons and Complaint must be served by a constable or sheriff at least 7 days before the court date but no sooner than the next business day after the notice period ends.

Step 3: The Court Hearing

• Trial Date: The court schedules a hearing, typically 2-4 weeks after the complaint is filed.
• Tenant Defenses: Massachusetts tenants have manage defenses, including retaliation, discrimination, and the "implied warranty of habitability" (if the landlord failed to maintain the property in a habitable condition, the court may reduce or eliminate the rent owed).
• Discovery: Tenants can request a "discovery" period of up to 10 days to investigate facts before trial.

Step 4: Judgment and Execution

If the court rules in the landlord's favor:

• The tenant has 10 days to appeal the judgment.
• If no appeal is filed, the landlord can request an Execution (a court order authorizing removal).
• A constable or sheriff physically enforces the Execution by removing the tenant's belongings and changing the locks. Only a constable or sheriff can do this.

Self-Help Evictions Are Illegal

Massachusetts imposes severe penalties on landlords who attempt "self-help" evictions:

• Changing locks while the tenant is away.
• Shutting off utilities.
• Removing the tenant's belongings.
• Threats or intimidation.

Landlords found guilty of self-help eviction face liability for three months' rent or three times actual damages, whichever is greater, plus attorney's fees.

Eviction Record

Sealing (2025) Effective May 5, 2025, under the Affordable Homes Act, tenants can petition courts to seal certain eviction records, preventing them from appearing on credit reports and tenant screening databases. This is a significant change for both landlords and tenants.

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