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What Massachusetts Renters Need to Know About Eviction

The timeline for eviction in Massachusetts varies wildly. It could take two months—but if you decide to contest it, the process could take up to a year.


The Massachusetts eviction process affords tenants a few opportunities to fight their eviction if they so choose. In this article, we will go through the entire eviction procedure in Massachusetts and explain what you can expect as a tenant.

Can I be evicted for any reason?

An “eviction” is a formal legal process whereby a court grants permission to the owner of real property to remove the person residing in that property. Note the word “formal”—evictions are not casual things. Contrary to what you may believe, a landlord cannot evict you for any reason whatsoever, and cannot simply change your locks and throw your possessions on the curb.

There are three main grounds for eviction in Massachusetts:

  • You didn’t pay rent
  • You violated your lease agreement
  • You're using the apartment for certain illegal purposes—prostitution; illegal gambling; selling alcoholic beverages; keeping, selling, or manufacturing illegal drugs; or keeping an illegal weapon or incendiary device.
  • You've assaulted or threatened to assault any officers or employees of housing agencies, whether state, local, or federal.

If you live in public housing, your lease with a public housing authority may be more restrictive and allow them to evict you for breaching the peace. But if you aren’t violent or threatening to other tenants or employees, you should be okay.

What is the eviction process like in Massachusetts?

The legal eviction process involves a series of notices and court filings that all have to be executed at the right time and in the right way.

Notices

If your landlord is alleging that you haven’t paid rent, he must give you fourteen days’ written notice to either pay the arrears or vacate the apartment, before beginning eviction proceedings. If he is alleging that you violated some other aspect of the lease, the law provides no specific “notice” timeframe, but generally, he has to give you at least seven days’ notice unless a different term of notice is specified in your lease. Note that in both cases, you can “cure” your default, either by paying your rent in full, or complying with your lease, in the time period specified.

If you are a month-to-month tenant, your landlord does not need to provide you with any notice before filing for an eviction. He may do so at any time, although he may send you a so-called “Termination Letter” informing you that he wants you to vacate.

The notice can be served on you informally. That is, your landlord can simply mail you the notice, or hand it to you directly.

Summons and Complaint

After the time period expires on the notice you received, if you have not yet paid your rent or cured your breach, your landlord will serve two documents on you: a summons and a complaint.

Unlike notices, a summons and a complaint must be formally served on you, in person, by someone other than your landlord.

The summons and complaint are important documents - study them carefully. They will inform you of the basis on which your landlord wants to evict you, as well as your right to file an “Answer” and the date you need to appear in court.

Answer

After you receive the summons and complaint, you will be able to file what is known as an Answer with the court hearing your case. Do this if you wish to contest your landlord’s claims, and contest your eviction. If you do NOT file an Answer, understand that you WILL be evicted: this is the first step in defending yourself, and it is a necessary one. After you file, have that Answer served on your landlord. In your Answer, include all of your defenses to the eviction. As you’ll see, the standard Answer form in Massachusetts is fairly self-explanatory and makes it easy for tenants to state their case. For example, if you withheld rent because your landlord failed to make a repair, tell that to the court and include photographic evidence. If you have corrected your earlier behavior that violated your tenant responsibilities, tell that to the court. It pays to be detailed.

Court

At your court appearance, if you have not filed an Answer already, the judge may still allow you to do so, although it is not guaranteed. If you are in fact choosing to contest your eviction, now is the time when you can begin the “discovery” process. Here, you can request certain documents from your landlord that will help you prove your case. He will be able to do the same from you.

Massachusetts housing courts will often encourage you to try and mediate your dispute with your landlord. In this process, a neutral third-party trained in conflict resolution assists you in trying to work out a deal with your landlord. For example, maybe you haven’t paid full rent because you want certain repairs done. Now is the time to bargain for that. At the end of mediation, you and your landlord may enter an agreement (or “stipulation”) which will then be so-ordered by the housing court.

If you lose your eviction case, your landlord will receive from the court what is called an “execution” - a document served on you by a sheriff. If you still fail to vacate your residence after receiving the execution, you can be forcibly removed. However, Massachusetts does give you one final reprieve: you can request a “Stay” to give yourself more time before you need to vacate the apartment. Importantly, your request for a Stay MUST be filed within ten days of the judge’s decision to allow your landlord to evict you. After you file your request for a Stay, a judge can give you up to six months to continue residing in the residence, or up to 12 months if you are over 60 years old, or disabled. But keep in mind—the judge might make you pay rent for those additional months.

How should the notices be delivered?

As discussed above, the initial notice that the landlord intends to evict you need not be formally served—it can be mailed or handed to you directly by your landlord or someone acting on his behalf.

However, the other documents must be served formally, including the Summons, Complaint, Answer, and Execution. None of these can be served by a party to the action, including you and your landlord. Both of you must either hire a local process server, or request that the county sheriff perform formal in-person service.

How long does the eviction process take in Massachusetts?

The time it can take to evict a tenant in Massachusetts varies widely depending on whether the tenant decides to contest the eviction. From beginning to end, the case could take anywhere from two months to a year.

The information provided on this website does not, and is not intended to, constitute legal advice.