Boston, Massachusetts - Tenant Eviction Process
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Explanation / Massachusetts - Tenant Eviction Process
Massachusetts evictions can be a lengthy process that if not done within the specific confines of the Massachusetts Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - Massachusetts Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - Massachusetts Tenant Eviction Notices & Landlord Forms.
If you have any questions about the Massachusetts Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Boston Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney David M. Owens today to discuss your case (617) 942-0760.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
1. Terminate the Tenancy
Prior to instituting an eviction of a residential tenant in Massachusetts, also known as a summary process action, the lease must have expired or the landlord must terminate the tenancy. The manner in which a tenancy is terminated depends on the type of tenancy between the parties and the reason for the eviction.
If a tenant resides at property under a written lease, the tenancy may terminate on a specific date eliminating the need to send a written notice to quit terminating the lease. However, if by the terms of the lease, the lease converts to a tenancy-at-will, then a written notice to quit is required.If a tenant resides at a property as a tenant-at-will, whether under a written or oral agreement, the tenancy must be terminated by serving a written notice to quit.
The amount of time a landlord must give a tenant under a notice to quit varies depending on the reason the lease is being terminated. For most violations of a lease, a rental period notice to quit must be given. While these are more commonly referred to as a thirty-day notice to quit, that title can be misleading. While giving the tenant thirty days notice is sometimes sufficient under the law, the actual requirement is to provide notice that encompasses an entire rental period.
When the termination of the lease is for non-payment of rent,only a fourteen-day notice to quit is required, unless the lease agreement between the parties states otherwise. However, in other rare circumstances, such as under a tenancy where there was never any agreement for the tenant to pay rent, a ninety-day notice to quit may be required.
Depending on the lease between the landlord and the tenant, the notice to quit likely will require specific language. For example, when a tenant receives rental assistance through subsidized housing, there are often regulations that require mandatory language be included in the notice to quit. In addition, in certain nonpayment-of-rent situations, M.G.L. c. 186, §12 requires specific language be used to inform the tenant of certain rights.
Lastly, the notice period does not start to run until the tenant receives the notice to quit. It is the landlord’s responsibility to prove when the notice to quit was actually received. There are several ways a landlord can effectively accomplish this, such as having a constable deliver the notice, sending the notice by certified mail, or by delivering it in hand and requesting the tenant’s signature on a copy of the notice confirming that it was received.
Failure by a landlord to properly terminate the lease, is one of the quickest and easiest ways to have an eviction case dismissed once it is filed. Which type of notice to quit and what the notice must say depends on the facts of each case. In order to ensure the notice to quit is proper, it is best to have it done by an experienced attorney who is familiar with laws in Massachusetts.
2. Serve the Summary Process Complaint and Summons
Once the notice period has ended and the tenancy has been properly terminated, a landlord must determine where it wishes to file the eviction, or summary process action. The action must be filed in either the District Court or Housing Court having jurisdiction where the property is located. Both the District Court and Housing Court have their own advantages for landlords. Therefore, careful consideration should be used when determining where to file the summary process action.
After a landlord has decided on which Court to file the action in, the summons and complaint must be obtained from that Court. The complaints must be purchased from by the Courts and contain both the summons, which notifies the tenant of the court date, and the complaint, which informs the tenant of the facts of the case.Once the summons and complaint have been completed, it must be served on the tenant by a constable or sheriff, at least seven and no more than thirty days prior to the entry date listed on the summons.
3. Going to Court
When initiating a summary process action there are three important dates for the landlord to keep in mind:
a. The Entry Date:
The landlord must file the notice to quit and the summons and complaint along with the filing fee with the Court by the entry date. This date must be no fewer than seven days and no more than thirty days after service of the summons and complaint on the tenant.
b. The Answer Date:
The answer date falls on the first Monday after the Entry Date as listed in the summons and complaint and is the date the tenant must file an answer with the Court if he or she wants to raise any procedural or substantive defenses to the action.
c. The Trial Date:
The trial for the summary process action will be scheduled for ten days after the entry date. However, if the tenant requests discovery, the trial date will automatically be postponed for two weeks, to a rescheduled trail date. On the trial date, the landlord will put forth his or her case for why the tenant should be evicted. In addition, the tenant will be given the opportunity to present any defenses it may have to the eviction.
4. Removal of Tenant
If a landlord is successful at trial and is awarded judgment in its favor, the tenant has ten days from the date the judgment is entered by the Court to file an appeal. If the tenant takes no appeal, the landlord can request the Court to issue an execution on the eleventh day after the entry of judgment.
The execution is the official document which authorizes the actual removal of the tenant. Once the landlord has an execution in hand, he or she can hire a constable or sheriff to physically remove the tenant from the property if the tenant still refuses to vacate.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal or advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.