A Guide to the Eviction Process in Massachusetts

June 19, 2023

A Guide to the Eviction Process in Massachusetts

Owning a rental can help you grow your income and wealth over time. However, even the most seasoned landlords have had to deal with problematic tenants. Sometimes, tenant-related issues escalate to the point of warranting an eviction filing and appearance in court.

Evicting a tenant is one of the biggest challenges any landlord can face. Not only is the legal process a stressful experience, but it can also consume most of your free time with court schedules, energy from legal disputes, and money with court costs. That’s why it’s essential to understand the eviction process in MA.

In this article, the property manager experts at J. Butler Property Management will go over everything you should know about the eviction process in Massachusetts law. Whether you are looking to evict a tenant or are simply familiarizing yourself with the Massachusetts eviction laws like notice periods summary process service, and court summons, we’ve got you covered!

A Guide to the Eviction Process in Massachusetts

All Massachusetts eviction process timelines follow the same steps. First, the landlord serves a written notice to quit to the tenants. Under Massachusetts law A landlord cannot force tenants to leave without this notice to quit, or before the notice period is finished.

As with all Massachusetts eviction cases, the landlord then has to file a complaint in court if the notice to quit is unresolved. What follows are a series of court hearings until a judgment on the eviction case is issued. If the eviction lawsuit process is successful in court, a writ of execution is then issued, and possession of the property is returned to the landlord.

Notice for Lease Termination with Legal Cause

According to Massachusetts eviction rules, opening an eviction case on a tenant without a valid cause is illegal. However, in the Massachusetts eviction process, a landlord can lawfully evict a renter for the following reasons:

• – Nonpayment of rent
• – Lease violations
• – End of lease/ no lease
• – Illegal Activity

Serving a Tenant an Eviction Notice

A landlord cannot evict a tenant without first serving them an eviction notice. The type of notice used is determined by the reason for the termination of the lease. Generally, there are three types of eviction notices given in Massachusetts:

1. Eviction Notice for Nonpayment of Rent

According to Massachusetts landlord-tenant laws, rent is considered late if it’s not paid the day after it’s due. However, landlords can’t assess late fees or charge interest on unpaid rent until 30 days after the rent was due, and the notice must also list rental assistance programs the tenant may qualify for. If the problem can’t be resolved, landlords must start the eviction case by serving a 14-day notice period to vacate the premises.

2. Eviction Notice for No Lease or End of Lease

Under eviction law, a landlord in Massachusetts can evict a tenant with an expired lease or rental agreement or if they don’t have a lease or rental agreement. To do so, they have to terminate the tenancy by giving written notice to move out. In this case, the landlord must provide a 30-day notice to quit the rental property.

3. Eviction Notice for Violation of Lease or Responsibilities

Landlords in Massachusetts can open eviction cases on tenants for lease violations, conducting illegal activity on the property, or failing to uphold their responsibilities. Landlords aren’t required to let tenants cure these lease violations and should only provide them with 7 days’ written notice to quit.

Massachusetts law doesn’t specify the exact method to serve a tenant with notice to quit. However, in order for the eviction process to begin, you must be sure that the tenant received it. That’s why it’s highly advised when a landlord files for eviction to hand-deliver the notice or have a constable or sheriff do it.

Tenant Eviction Defenses in Massachusetts

The defense is a reason why you (the petitioner) shouldn’t win the eviction case in housing court. In the Massachusetts court system, a tenant can have a defense for the following reasons:

• – They received an invalid notice to quit (insufficient notice period, no lease violation, etc.)
• -The tenant pays rent and their landlord accepted it after sending a notice to quit.
• – They received a 14-day notice to quit for non-payment of rent when they weren’t behind on rent.
• – They received notice to quit after having paid or offered to pay the landlord the rent owed within the time allowed by law.

If the court rules in favor of the tenant, you will be liable for not only court costs and fines but also damaged reputation.

Filing a Complaint and Attending the Court Hearing

Once you’ve handed an eviction notice / written notice to quit to your tenant, you must file a complaint in housing court. Then, a sheriff or a person appointed by the housing court will serve the tenant a copy of the summary process summons and the complaint in the next 7 to 30 following days.

Then, you’ll have to attend the housing court hearing. If the tenant fails to appear for the eviction court process, the judicial officer will issue a default judgment in favor of the landlord. On the other hand, if the landlord fails to attend the eviction hearing, but the tenant does, the eviction hearing court date will be postponed for seven days.

Writ of Restitution

Once the landlord wins the court judgment, a writ of execution is issued. The writ of execution is the tenant’s final notice, a court order to leave the rental unit and allows them the opportunity to remove their belongings before being forcibly removed from the property by the eviction process.

In Massachusetts, the writ is typically issued 10 days after the date of the entry of judgment in housing court. However, this court order cannot be delivered to tenants on weekends, holidays, after 5 p.m. on a weekday, or before 9 a.m. on a weekday.

The Eviction

In Massachusetts, only sheriffs and constables are allowed to remove a tenant from your rental. Tenants are given 48 hours by court order to vacate the rental property before tenants and tenant property are forcibly removed.

Bottom Line

Dealing with problematic tenants and navigating the court process is one of the most challenging aspects of being a landlord. To keep yourself and your property safe, it’s best to stay informed of the legal eviction process, as well as landlord-tenant, lease termination policies, and security deposit laws in your state. Now you have a better understanding of the eviction process in Massachusetts, you’ll know how to act in case you might need to deal with a bad renter.

While you can handle the eviction process by yourself, it’s best to work with a professional, whether it’s a qualified attorney or a knowledgeable property manager. Contact J. Butler Property Management today if you want help managing your properties!

Disclaimer: This blog isn’t intended to be a substitute for professional legal advice. Laws change and this information may become obsolete at the time you read it. For further help, please get in touch with a qualified attorney or an experienced property management company.