Eviction Law in Massachusetts
In Massachusetts, eviction—formally called a “summary process” case—is governed by strict rules and timelines. There are required notices, mandatory waiting periods, and courthouse procedures that must be followed exactly.
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What Is an Eviction?
An eviction begins when a landlord issues formal notice requiring a tenant to vacate the property—usually because of unpaid rent or a lease violation. But even when the tenant is clearly at fault, removing them isn’t always quick or inexpensive
It’s also important to know that not every eviction notice results in a tenant being forced out. In many cases, the notice serves as a final warning. If the tenant pays what they owe or corrects the lease violation within the notice period, the eviction process may stop there.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a tenant in Massachusetts consistently pays rent late—or stops paying altogether—you may have valid grounds to begin the eviction process. Occasional delays may not justify legal action, but when late payments become routine, landlords have every right to enforce the lease. Just be sure the problem is well-documented before taking that next step.
Massachusetts law also places limits on how and when landlords can respond to nonpayment. For example, you cannot charge a late fee until rent is at least 30 days overdue. That means even if rent is due on the first of the month, you must wait until the end of the month before applying any penalty.
To protect yourself, always issue “late rent” notices in writing and keep a copy for your records. These notices serve as crucial documentation if the situation escalates to court. A clear timeline of missed payments and formal warnings will help show that you made reasonable efforts to resolve the issue before pursuing eviction.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease isn’t just a formality—it’s a legally binding agreement. If a tenant violates any term of that agreement, such as subletting without permission or housing unauthorized occupants, you may have grounds to begin the eviction process.
Keep in mind, the lease binds both parties. As a landlord, you’re also expected to honor your obligations—whether that means handling repairs, maintaining common areas, or respecting the tenant’s right to quiet enjoyment.
The Tenant Damages the Property
Some level of property wear is expected in any rental—scuffed floors, loose fixtures, or faded paint are just part of daily living. But when damage goes beyond normal use—like holes punched in walls, broken windows, or vandalized appliances—you may have cause to pursue eviction.
If your tenant takes responsibility and makes proper repairs without altering the unit, you may not need to escalate the situation. But if the damage is repeated, intentional, or left unresolved, it’s worth documenting thoroughly and exploring legal action. Massachusetts courts will expect clear evidence if you’re using property damage as grounds for eviction.
The Tenant Uses the Property for Illegal Purposes
If a tenant is using your Massachusetts rental property for illegal purposes—such as drug distribution, weapons trafficking, or other criminal conduct—you have strong legal grounds to pursue eviction. These situations not only breach the lease but may also expose you to legal and financial risks as the property owner.
Before filing, be sure to gather evidence. Police reports, incident logs, or neighbor complaints can all help support your claim.
How to Evict a Tenant in Massachusetts
Step 1. Check Your Local Laws
Eviction laws can vary significantly depending on where your property is located, and Massachusetts is no exception. While state law provides a framework, some local cities and towns have additional rules that landlords must follow.
Under Massachusetts law, landlords may evict tenants for several reasons—including nonpayment of rent or violating the terms of the lease. For unpaid rent, you must provide at least 14 days’ notice before taking legal action. For other violations, such as unauthorized occupants or misuse of the property, the law typically requires 30 days’ notice.
Tenants also have the right to fix the problem before the eviction moves forward. If they pay the full amount owed or correct the lease violation during the notice period, they may be allowed to stay. It’s also important to remember that in Massachusetts, landlords cannot charge late fees unless the rent is more than 30 days overdue.
Step 2. Give a Formal Notice of Eviction
If your tenant continues to violate the lease despite repeated warnings, it may be time to issue a formal eviction notice. This notice acts as both a final warning and the legal foundation for your case moving forward. It should clearly explain what the tenant has done wrong and what they need to do to correct the issue.
Your notice should also include a firm deadline for the tenant to either resolve the problem or vacate the property. If rent is owed, be sure to include the total amount due and the date by which it must be paid. If you’re not confident drafting this on your own, you can find templates online or consult a Massachusetts attorney to ensure it meets legal requirements.
Massachusetts doesn’t require a specific “Notice to Quit” form, but the Trial Court Law Library provides sample notices that many landlords use. There’s also no single required method for serving the notice.
Some landlords deliver the notice in person, while others hire a sheriff or process server to ensure proper delivery. Either approach is generally acceptable, but keeping documentation of service is essential in case the eviction goes to court.
One important detail unique to Massachusetts: landlords must also include a state-issued attestation form with the notice. Additionally, once the notice is served, you’re required to file it electronically through the Massachusetts Trial Court’s official eviction filing system.
Step 3. File the Eviction with the Court
Once the notice period has passed and the tenant has not resolved the issue, the next step is to file a formal eviction case with the court.
In Massachusetts, most eviction cases are handled by the Housing Court, but depending on the location of the rental and the amount of damages or unpaid rent, your case may instead go through the District Court or Boston Municipal Court.
After you file, the court will schedule a hearing and notify the tenant through a formal summons. To avoid delays, make sure you’re filing in the correct court and have submitted all required paperwork.
Step 4. Contact an Experienced Massachusetts Eviction Attorney and Prepare for the Hearing
Before the hearing, it’s smart to consult a Massachusetts eviction attorney who can help you build a strong case and make sure you’ve met every legal requirement. While you can technically represent yourself, having legal guidance helps you avoid common mistakes—especially if the tenant decides to contest the eviction.
You should bring the following documents to your hearing:
- A signed copy of the lease agreement
- Payment records, including missed or partial payments
- Any returned or bounced checks
- Copies of written communication with the tenant (emails, texts, letters)
- A copy of the eviction notice you served
- Proof that the tenant received the notice (e.g., delivery confirmation or sheriff’s service)
- A copy of the required Massachusetts attestation form
- Confirmation that the notice was filed electronically with the court
Step 5. Evict the Tenant
If the court rules in your favor, the judge will issue a formal judgment for possession, giving your tenant a short window to move out. In Massachusetts, tenants typically have 10 days from the judgment date to vacate the property. If they don’t leave voluntarily within that timeframe, you can move forward with requesting a writ of execution from the court.
Once you receive the writ, it must be delivered to the tenant by the sheriff or constable—not by the landlord. If the tenant still refuses to leave, the sheriff can schedule a physical eviction.
Step 6. Collect Past-Due Rent Payments
Winning your case doesn’t always mean you’ll recover the unpaid rent. If the tenant leaves without settling their debt, you may need to take additional legal steps to collect what you’re owed. Fortunately, Massachusetts law gives landlords a few tools to help recover past-due rent once they have a judgment in hand.
You may be able to pursue repayment through:
- Filing for wage garnishment
- Intercepting the tenant’s state tax refund
- Hiring a licensed debt collection agency
- Filing a claim in small claims court (if you didn’t already receive a monetary judgment in Housing Court)
Work with an Experienced Eviction Attorney in Massachusetts
In Massachusetts, tenants may try to challenge an eviction by claiming the notice wasn’t served properly or that key steps in the process were skipped. That’s why it’s critical to follow the law to the letter—and to have a knowledgeable Massachusetts eviction attorney in your corner.
If you need help finding the right legal support, we can connect you with a trusted local attorney. We can even help you connect with an attorney across Massachusetts state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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