Updated August 17, 2023
A Massachusetts eviction notice is a letter written by a landlord informing a tenant that they are no longer in compliance with their lease. It is very important that the landlord provide requisite notice before commencing an action in court to have the tenant evicted. Once the notice period has ended, a landlord will have to choose the court in which to file the Summary Process Action.
A landlord can file a Summons and Complaint (See Sample) in the Local Housing Court, Boston Municipal Court, or the District Court that covers the city or town where the property is located. The landlord must obtain the Summons and Complaint from the court for a small fee. After filling out the form, but before it is filed, it must be served on the tenant by a sheriff or constable. The Sheriff or Constable will then provide a return of service, which must be filed with the Summons and Complaint and a copy of the notice provided to the tenant.
By Type (3)
14-Day Notice to Quit (Non-Payment) – This form of notice is used when a tenant has not paid rent when it is due. The landlord must make sure it is received by the tenant.
Download: PDF
30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used for any other legal reason to end a tenancy including informing the tenant of the end of a month-to-month tenancy.
Download: PDF, MS Word, OpenDocument
30-Day Notice (Non-Compliance) – There is no State statute in regard to notice provided to a tenant for violating a portion of the lease; however, the Housing Court accepts 30-day notice violations in the event of a lease violation by the tenant.
Download: PDF
Table of Contents |
Eviction Laws
- Non-Payment of Rent: 14 days. (M.G.L.A. 186 § 11)
- Non-Compliance: 30 days. Common practice but no express statutory requirement exists.
- Illegal Activity: 30 days. Section 32J(3)
- Termination (Month-to-Month Lease): 30 days. (M.G.L.A. 186 § 12)
- Filing an Eviction: Section 32J
Court Forms
Summons and Complaint (See Sample) – After issuing a notice to quit and the appropriate notice period has lapsed without action on the part of the tenant, the landlord can start a formal eviction by filing this form with the local court. This document can only be obtained from the court (for a small fee).
Summary Process Answer Form – After being served the landlord’s summons and complaint, the tenant may contest the eviction by filling out this form and filing it with the same court in which the case was filed.
Discovery – Once an eviction complaint has been filed, either party may use this form to view any documents that will be presented by the opposition.
When is Rent Due
Rent is due in Massachusetts on the due date set forth in the lease. Once the tenant receives notice from the landlord, he or she will have fourteen (14) days to cure before the landlord can begin eviction proceedings.
How to Evict (5 steps)
- Deliver Eviction Notice to Tenant
- Fill Out Summons and Complaint
- File Papers and Serve Tenant
- File Discovery Before Hearing
- Obtain Execution and Deliver to Sheriff
1. Deliver Eviction Notice to Tenant
A landlord must first have the correct notice delivered to the tenant. It is important that the tenant receives the notice and that landlord has evidence that the tenant received the notice. Otherwise, a tenant can use not receiving notice as a defense against eviction. A landlord can use the following forms depending on the situation:
2. Fill Out Summons and Complaint
Once the requisite notice period has passed without a response from tenant, landlord may begin proceedings by going to the local court in the area of the leased premises, either the court to obtain a Summons and Complaint (View Sample). The landlord must use the form provided by the court and must pay the respective Filing Fee when submitting.
3. File Papers and Serve Tenant
The landlord fills out the forms and then serves them upon the tenant in accordance with Rule 4(d). The landlord will then make a copy of the service that was served on the tenant and file that with the court. The tenant will have the right to speak their side of the story through the Summary Process Answer Form (View Tips on How to Represent Yourself as the Tenant) no later than the first (1st) Monday after the entry day.
4. File Discovery Before Hearing
Before the hearing date, any of the parties may file a Discovery before the first (1st) Monday after the entry day in order to view any and all documents that may be presented against them on the court date.
5. Obtain Execution and Deliver to Sheriff
If the tenant doesn’t answer and/or landlord receives a judgment in his or her favor, the landlord may obtain an execution eleven days after the judgment, which he would bring to the sheriff or constable the next day. The sheriff serves the execution on the tenant, which gives them 48 hours to move out before the sheriff comes in to evict.