🏛️ Courthouse Information and Locations for Massachusetts
Massachusetts Eviction Laws: Notice Requirements, Process, and Timelines
Massachusetts handles evictions through Housing Court or District Court using a Summary Process. Massachusetts is one of the most tenant-friendly states in the nation, with extensive procedural requirements, mandatory 14-day notice for nonpayment (or 30-day “notice to quit” depending on circumstances), and strong tenant protections. Boston and other cities have additional local regulations. Court timelines can be lengthy, and tenants have significant rights throughout the process. Below you’ll find the key details every Massachusetts landlord needs to know.
Massachusetts Eviction Laws
Comprehensive guide to Massachusetts's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Housing Court or District Court (Summary Process).
⚡ Quick Overview
💰 Nonpayment of Rent
Extremely tenant-friendly. 14-day Notice to Quit must include specific statutory language and info about right to counsel. Summary Process complaint can only be filed on certain days (typically Mondays). Mandatory mediation before trial. Execution for possession delayed 10 days after judgment. Late fees only allowed after 30 days past due and must be in written lease. No grace period required by state but late fee restriction effectively creates one. Security deposit violations are powerful tenant defense - landlord who mishandles deposit may owe triple damages.
📋 Lease Violation
30-day notice required for lease violations (or one full rental period, whichever is longer). 7-day notice for at-will tenants paying rent weekly. No cure right for illegal activity - can proceed to court immediately after notice period. Same mandatory mediation and filing requirements apply.
📬 Service of Process
Notice to Quit must be served properly. Summary Process Summons and Complaint served by constable or sheriff at least 7 days before entry date. Notice must include "Notice to Quit Accompanying Form" with legal assistance info.
🏛️ Court & Legal Information
Mandatory mediation adds time. Housing Court backlogs in Boston/Eastern MA significant. Filing only on designated entry days. Appeal period 10 days. Professional movers required for physical eviction at landlord expense.
⚖️ Appeals & Post-Judgment
Sheriff/constable executes with 48-hour prior written notice. Professional movers required (landlord expense). Only Mon-Fri 9am-5pm, no holidays. Landlord cannot be present during physical removal.
📦 Tenant Property & Abandonment
Professional movers required at landlord expense. Belongings moved to storage facility. Tenant charged for moving and storage costs. Sheriff/constable must provide 48-hour written notice with storage facility name/address.
🏦 Security Deposits
EXTREMELY strict: Max 1 month rent. Must be held in separate interest-bearing MA bank account. Must provide receipt + Statement of Condition within 10 days. Must pay 5% interest annually. Return within 30 days with itemized deductions. TRIPLE DAMAGES for any violation. Security deposit mishandling is powerful tenant defense to eviction.
💵 Late Fees
Late fees ONLY allowed if: (1) written lease provides for it, AND (2) rent is 30+ days overdue. Cannot charge late fee if rent less than 30 days late. No statutory cap on amount but must be reasonable.
🛡️ Tenant Protections
Massachusetts voters banned rent control statewide in 1994. No municipality may enact rent control. However, some cities exploring local tenant protections within legal limits.
🏙️ Local Overrides & City-Specific Rules
Boston has additional just cause requirements in some contexts. Cambridge exploring tenant protections. Right to counsel expanding across state. Some cities have condominium conversion restrictions protecting tenants.
Underground Landlord📝 Massachusetts Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Housing Court or District Court (Summary Process). Pay the filing fee (~$180-300).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Massachusetts
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Massachusetts Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Massachusetts eviction law is highly procedural and errors can result in dismissal. Consult a qualified Massachusetts attorney for legal advice on your specific situation.
Overview: How Evictions Work in Massachusetts
Massachusetts is one of the most procedurally strict states for evictions in the country. Cases are called Summary Process actions and are handled in Housing Court, District Court, or Boston Municipal Court depending on location. The process involves mandatory notices, specific filing timelines, required mediation, and multiple opportunities for tenants to cure or defend.
Massachusetts strictly prohibits self-help evictions. Landlords cannot change locks, shut off utilities, or remove tenants or their belongings without a court order. Only a constable or sheriff can execute an eviction after proper court proceedings are complete.
2025 Massachusetts Updates
Several important changes took effect in 2025:
- Eviction Record Sealing (May 5, 2025): A new law allows tenants to petition to seal eviction records under certain circumstances. This may affect tenant screening practices.
- Required Notice Language: Massachusetts Housing Court now requires that all notices for eviction include language about the tenant’s right to legal counsel and provide contact information for local legal aid offices.
- Federal Worker Protections (November 25, 2025): New protections for federal workers facing eviction during government shutdowns.
Massachusetts Notice to Quit Requirements
Almost all Massachusetts evictions begin with a Notice to Quit. The type and length of notice depends on the reason for eviction and tenancy type:
Nonpayment of Rent: 14-Day Notice to Quit
For unpaid rent, landlords must serve a 14-day Notice to Quit with specific statutory language required by Chapter 186, Section 11. The notice must include:
- The amount of rent owed
- An accompanying form with repayment plan information
- Information on rental assistance programs
- Information about tenant’s right to legal counsel
- Contact information for local legal aid
Right to Cure: Tenants-at-will may cure within 10 days unless they received a prior notice in the past 12 months. Tenants under a lease can cure by paying all rent owed on or before the answer date. If the tenant pays, the eviction stops.
No-Fault Termination: 30-Day Notice
For ending a tenancy without cause (tenancy-at-will), landlords must provide a 30-day Notice to Quit or one full rental period, whichever is longer. Common no-fault reasons include:
- Landlord or family member intends to move in
- Landlord plans substantial renovation or demolition
- Ending the tenancy-at-will for business or personal reasons
Lease Violations
For lease violations, notice periods vary:
- Tenants-at-will paying weekly/daily: 7-day Notice to Quit
- Tenants under written lease: Notice period depends on lease terms and violation type
- Serious violations (illegal activity, nuisance): May allow shorter notice under Chapter 139 procedures
Illegal Activity or Nuisance
For drug activity or creating a common nuisance, Massachusetts allows expedited eviction with shorter notice periods under Chapter 139. These cases are treated seriously and may move through courts faster.
Massachusetts Eviction Process Timeline (Step by Step)
Step 1 – Serve the Notice to Quit. Serve the proper notice with all required language and accompanying forms. The notice must be served by constable or sheriff, or by other methods allowed by law. Keep proof of service.
Step 2 – Wait for notice period to expire. You cannot file until the full notice period has passed. For a 14-day notice, you cannot file until day 15.
Step 3 – File Summary Process Complaint. File in Housing Court, District Court, or Boston Municipal Court depending on location. Filing fees range from $135 (Housing Court) to $180+ (District/Municipal Court). Include:
- Summary Process Summons and Complaint
- Lease agreement
- Proof of notice service
- Rent ledger
- Documentation of violations (if applicable)
File on the appropriate Monday filing date—Massachusetts has specific entry dates.
Step 4 – Service of court documents. The Summary Process Summons and Complaint must be served by a constable or sheriff at least 14 days before the first court date. A Return of Service must be filed with the court.
Step 5 – Tenant files Answer. The tenant has until the Answer date (typically 3 business days before the first court event) to file an Answer raising defenses or counterclaims.
Step 6 – Mandatory mediation (First Tier Court Event). All Massachusetts eviction cases require mediation before trial:
- Housing Court: Housing Specialist Conference
- District Court: Case Management Conference
This is scheduled at least 30 days after filing. A Housing Specialist facilitates discussions to potentially resolve the case. Landlords who fail to attend mediation risk having their case dismissed.
Step 7 – Trial (if no agreement). If mediation doesn’t resolve the case, a trial is scheduled. Both parties present evidence before a judge. Either party may demand a jury trial.
Step 8 – Judgment. If the landlord prevails, the court enters judgment for possession.
Step 9 – Execution. After a 10-day waiting period, the landlord can request an execution (writ of possession). The constable or sheriff must give the tenant written notice at least 48 hours before moving their belongings. Evictions can only occur Monday-Friday, 9 a.m.-5 p.m., and not on holidays.
Step 10 – Physical eviction. Professional movers must handle tenant belongings during eviction—at the landlord’s expense. Belongings are moved to a storage facility.
Tenant Defenses Landlords Should Anticipate
Massachusetts tenants have extensive defense options:
- Improper notice: Wrong notice type, missing required language, or improper service.
- Habitability/repair issues: Landlord failed to maintain the property in livable condition. Tenants can raise this as a defense and counterclaim.
- Retaliation: Eviction appears to be in response to tenant complaints or exercising legal rights.
- Discrimination: Eviction based on protected class status.
- Payment disputes: Tenant claims payments were made or amounts are incorrect.
- Right to cure: Tenant paid within the cure period.
Massachusetts Eviction Context (Late 2025–January 2026)
Massachusetts remains one of the most tenant-protective states in the country. The typical eviction takes 2-4 months from initial notice to physical move-out (6-8 weeks is possible in uncontested cases, but contested cases take significantly longer).
The mandatory mediation requirement, extensive tenant defenses, and multiple cure opportunities mean landlords must be patient and precise. Housing Court judges expect strict compliance with all procedural requirements.
Legal aid organizations are active throughout the state, and the new right-to-counsel information requirements mean more tenants may seek and obtain legal representation. Rental assistance through RAFT (Residential Assistance for Families in Transition) remains available for qualifying tenants.
Best Practices for Massachusetts Landlords
- Use court-approved forms and include all required language in notices.
- Include the mandatory accompanying forms with 14-day notices (repayment plan info, rental assistance info, legal aid contact).
- File on the correct Monday entry date—Massachusetts has specific filing schedules.
- Attend all mediation sessions—failure to appear can result in dismissal.
- Maintain meticulous repair records—habitability is a common defense.
- Keep accurate rent ledgers that can withstand scrutiny.
- Document everything: lease, payments, communications, property condition.
- Expect longer timelines and budget accordingly.
- Never attempt self-help eviction.
- Consider consulting an attorney—Massachusetts procedures are complex.
Quick Reference: Massachusetts Eviction Rules
- Nonpayment of rent: 14-day Notice to Quit (with required accompanying forms)
- No-fault termination: 30-day Notice or one rental period (whichever is longer)
- Lease violations (at-will, weekly): 7-day Notice to Quit
- Court type: Housing Court, District Court, or Boston Municipal Court
- Filing fees: $135-$180+
- Mandatory mediation: Yes, before trial
- Waiting period after judgment: 10 days before execution
- Typical timeline: 2-4 months (longer if contested)
- Removal: Constable/sheriff only, with 48-hour notice, weekdays 9-5
- Self-help evictions: Prohibited
Bottom line: Massachusetts evictions require meticulous attention to procedure, patience, and preparation for mediation and potential defenses. Use official forms, include all required language, and expect the process to take 2-4 months. Cutting corners will result in dismissal and starting over.