Eviction In Massachusetts [2025]

Filing for an eviction in Massachusetts is rarely a simple process. While most landlords hope to avoid removing a tenant, there are times when it is necessary to protect your property and maintain your rental business. Understanding how eviction works in Massachusetts and the specific rules that govern it is important for handling the process correctly and avoiding expensive legal mistakes.

Eviction laws in Massachusetts are detailed and strictly enforced. The process is governed by both state statutes and local regulations designed to protect the rights of landlords and tenants alike. These laws outline exactly how and when a landlord can legally remove a tenant, what notices are required, and what steps must follow in court. Because regulations and housing policies can change, it’s necessary to stay up to date on Massachusetts landlord-tenant law and local housing court rules.

If you rent out property in Massachusetts, you are legally obligated to follow the state’s eviction procedures from start to finish. Working with a local attorney can help you navigate the process, ensure your notices and filings are correct, and minimize delays. In this article, we’ll break down each step of the Massachusetts eviction process to help you stay compliant and manage your rentals effectively.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Massachusetts’s eviction laws can be found at MGL 239 § 1-14 and MGL 186 § 1-31.

Reasons for Eviction in Massachusetts

In Massachusetts, landlords may evict tenants for several legally recognized reasons under Massachusetts General Laws Chapter 186 and Chapter 239. The most common grounds for eviction include nonpayment of rent, violation of lease terms, and illegal activity. In some cases, landlords may also evict tenants for no-fault reasons, such as ending a tenancy-at-will or reclaiming the unit for personal or family use.

Nonpayment of Rent

Failure to pay rent on time is the most frequent cause of eviction in Massachusetts. Rent is considered late the day after it is due unless the lease agreement provides a grace period. When a tenant fails to pay rent, the landlord must serve a 14-Day Notice to Quit for Nonpayment. This notice gives the tenant 14 days to pay all overdue rent or move out.

If the tenant pays the full amount owed before the eviction case is filed, the landlord must accept payment and cancel the eviction. However, if the tenant repeatedly fails to pay rent on time, the landlord may choose not to renew the tenancy moving forward.

Lease Violations

A breach of the lease or rental agreement is another valid reason for eviction. These violations can include property damage, unauthorized occupants, unapproved pets, or misuse of the unit. When a tenant violates the lease, the landlord must provide a Notice to Quit for Lease Violation which typically giving the tenant 7 to 30 days to fix the problem, depending on the severity of the violation and the terms of the lease.

Common lease violations include:

• Causing significant damage to the property
• Violating health, safety, or sanitation codes
• Having unauthorized pets or residents
• Engaging in disruptive behavior that affects neighbors

If the issue is not corrected within the notice period, the landlord may begin formal eviction proceedings in Housing Court or District Court.

Illegal Activity

Engaging in criminal or illegal behavior on the rental property is also grounds for eviction. Massachusetts law allows landlords to issue a Notice to Quit without the option to cure if the tenant commits illegal acts such as:

• Possessing or distributing controlled substances on the property
• Engaging in violence or threatening other tenants
• Using the unit for prostitution or other criminal purposes

These cases are treated seriously and may move through the courts faster than standard evictions.

No-Fault Evictions

Landlords may also end a tenancy even when the tenant has not violated the lease, often referred to as a no-fault eviction. Common no-fault reasons include:

• The landlord or a family member intends to move into the property
• The landlord plans to substantially renovate, demolish, or repurpose the property
• The tenancy-at-will is ending for business or personal reasons

For these cases, Massachusetts law requires landlords to give a 30-Day or full rental-period Notice to Quit, whichever is longer. Tenants must be given proper notice before any eviction filing can begin.

Additional Reading: Massachusetts Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Massachusetts 

1. Landlord serves a seven- to 14-day eviction notice. 

2. Landlord files an eviction lawsuit with the court and has the summons served on the tenant. 

3. Landlord and tenant attend court hearing and receive judgment. 

4. Tenant gets 48 hours to move out. 

5. Sheriff arrives to forcibly remove the tenant. 

In Massachusetts, tenants can be evicted for failing to pay rent, violating the lease, or engaging in illegal activity on the premises. 

1. Landlord Serves a Seven- to 14-Day Eviction Notice 

If any of the above lease violations occur, the landlord must first serve a Massachusetts eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. There are four types of eviction notices a landlord may send:  

• Rent Demand Notice: Determined by lease, or 14 days to pay or quit. If rent is unpaid when due, the landlord must deliver a notice stating the amount of unpaid rent and late fees required to remedy the breach and the date on which the lease will terminate if they are not paid. The landlord may enforce the number of days’ notice outlined in the lease, but in the absence of such a lease provision, 14 days should be given (MGL 186 § 11A). 

• Lease Violation Notice: 7 days to quit (Periodic tenancies only). If a week-to-week or month-to-month tenant (a “tenant at will”) violates a lease term besides nonpayment (such as violating occupancy limits), the landlord must deliver this notice stating the breach and the date on which the lease will terminate, not less than seven business days after receipt of the notice (MGL 186 § 17). The landlord does not need to give the tenant an opportunity to cure the breach. Note that Massachusetts law does not specify a required notice period for traditional tenants. 

• Unconditional Notice to Quit: Notice required but not specified. If a tenant engages in illegal activity on the premises, the landlord may terminate the rental agreement without providing an opportunity to cure the violation, but they must send the tenant advanced notice before the eviction hearing. The number of days’ notice required is not specified by Massachusetts law, but it should be included in the lease. Any of the following illegal activities warrant an unconditional notice to quit as per MGL 139 § 19:  

  • Using the premises for prostitution, lewdness, illegal gaming, or the illegal keeping/selling of alcohol 
  • Selling, keeping, or manufacturing controlled substances 
  • Keeping an illegal weapon on the premises 
  • Possessing or using an explosive or incendiary device 
  • Using or threatening to use violence against anyone on the premises of a housing authority or federal/state assisted housing 

A rent demand notice must be accompanied by a form that includes a repayment plan, information on rental assistance programs, applicable trial court rules, and any relevant federal or state legal restrictions on residential evictions. The form should also include the following statement: “THIS NOTICE TO QUIT IS NOT AN EVICTION. YOU DO NOT NEED TO IMMEDIATELY LEAVE YOUR UNIT. YOU ARE ENTITLTED TO A LEGAL PROCEEDING IN WHICH YOU CAN DEFEND AGAINST THE EVICTION. ONLY A COURT ORDER CAN FORCE YOU TO LEAVE YOUR UNIT” (MGL 186 § 31). 

Massachusetts does not specify the method that should be used to deliver the notice, but the landlord must prove that the tenant received it. The best way to do so is by handing it directly to the tenant and mailing it by certified mail or hiring the sheriff/process server to deliver it.  

For all evictions, the landlord may recover actual damages and reasonable attorney fees. 

2. Landlord Files an Eviction Lawsuit with the Court and Has the Summons Served on the Tenant 

The next step in the Massachusetts eviction process is filing a complaint in court. If the tenant has not paid their rent by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file an action for summary process (the eviction lawsuit) with the court. The case could be filed in the Massachusetts Housing, District, Superior, or Boston Municipal Court, but if the landlord is seeking monetary damages less than or equal to $25,000, they should file in the Superior Court (most cases will be transferred to the Housing Court).  

There are three steps to filing a summary process action: 

1. Complete the Summary Process Summons and Complaint form. 

The Summary Process (Eviction) Summons and Complaint form is the formal complaint against the tenant combined with the summons to court (note: a sample form is available online, but landlords must purchase one for $5 from the clerk’s office in person). The landlord is responsible for determining the date of the hearing, calculated based on the date the case is entered. The entry day can be any Monday, and the hearing date will be on the second Thursday following that date, unless another day is approved by the court. 

2. Have a copy properly served to the tenant. 

Second, a copy of the completed Summary Process Summons and Complaint must be served to the tenant by an authorized process server (e.g., the sheriff). Both the summons and complaint must be served to the tenant between seven and 13 days after the action is entered. The summons costs $5 to issue and should include: 

• A copy of the lease 
• The lease’s termination date 
• The basis or reason for the eviction 
• The name of the court and the date of the eviction hearing 
• A description of the property 
• A statement claiming rent, use, and occupation.  

The summons should NOT include the names of any minors (MGL 239 § 2). 

Service of the summons should be made as per Rule 4(d) of the Massachusetts Rules of Civil Procedure: if not hand-delivered, it should be mailed first-class to the tenant with a return receipt. The fee to have the sheriff serve the summons is $20. Then, the landlord must get the original Summons and Complaint form back from the process server showing return of service to prove that it was properly delivered. 

The tenant is not required to file a written answer prior to the hearing but may do so within one week of entry if they choose to (MA Summary Process Rule 3). A default judgment may be awarded, or the hearing may be postponed for up to a week, if either party fails to attend the hearing. 

3. File the original back with the court showing return of service and pay the entry fee. 

Third, the landlord must file the original Summons and Complaint form with the court, showing return of service, and pay the entry fee. This fee varies by court; for example, the cost to file for eviction in the Housing Courts is $120, while the cost in the District Court is $180. A $15 surcharge is required in all courts, making the total costs to file in housing and district court $135 and $195, respectively.  

The landlord may also be required to file certain other documents, such as: 

1. A copy of the eviction notice sent to the tenant, with proof of delivery 

2. A copy of a certificate of eviction if required by a rent control agency 

3. A copy of any applicable affidavit of compliance with local laws in jurisdictions where the law governs condominium conversion evictions 

A filing must be made (or the documents must arrive by mail) by the end of the business day on Monday. 

(MA Uniform Summary Process Rule 2) 

3. Landlord and Tenant Attend Court Hearing and Receive Judgment 

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and the tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. If the judge rules in the landlord’s favor, the court will issue a writ of restitution within ten days, permitting the sheriff to execute it and remove the tenant (MGL 239 § 5(a)). 

Either party may appeal the judgment of the superior, housing, or district court by filing a notice of appeal within the ten-day period after the judgment is entered. The appellant may be required to file a bond with the court. After a decision is made on the appeal, the court will notify both parties. The defendant must comply with the requirements of the decision within five days after receiving the notice (MGL 239 § 5). 

4. Tenant Gets 48 Hours to Move Out 

After the judgment is issued, the writ will be directed to the sheriff or other authorized officer, who will post it at the tenant’s residence notifying them that they will be forcibly removed from the premises if they do not move out within 48 hours (MGL 239 § 3). 

The writ must include the following: 

• The signature, full name, business address, and phone number of the sheriff 
• The name of the court and the action’s docket number 
• A statement that the officer will store personal property left behind at a licensed public warehouse 
• The full name, address, and phone number of that warehouse 
• A statement that the warehouser’s storage rates may be found by contacting the agency 
• A statement that the warehouser may sell at auction any belongings that aren’t claimed after six months and retain proceeds to compensate the cost of storage 
• A statement that the tenant should write to the warehouser to notify them of any change of their mailing address 

The tenant may, at this time, attempt to satisfy the underlying money judgment by paying all rent due with any other court costs. If they do so and the landlord accepts it, the tenant is considered a lawful tenant again, and no execution will be issued (if not already issued). However, the landlord is not required to accept full satisfaction of the money judgment and may still cause the judgment to be enforced (MGL 239 § 3). 

5. Sheriff Arrives to Forcibly Remove the Tenant 

If the tenant does not move out within 48 hours, the landlord may request a writ of execution form the court. Once this is done, the sheriff will return to execute the judgment and forcibly remove the tenant with their personal possessions. The writ can only be executed on a non-holiday weekday between nine o’clock a.m. and five o’clock p.m. (MGL 239 § 3). 

Under some circumstances, the tenant may request a stay of execution for around 6-12 months. The stay may be granted if the cause of the eviction was not the tenant’s fault, or if the tenant has a valid reason to postpone the eviction, such as a disability (MGL 239 § 9). 

Storage Rules 

After the tenant is removed, the officer should choose a public warehouse within a reasonable distance to store any abandoned property left behind by the tenant. Massachusetts law does not specify the number of days the property should be stored. If the officer finds an abandoned animal on the premises, they will immediately notify an animal control officer, a police officer, or another authorized agent. Other rules and regulations for storing tenant property may be found in MGL 239 § 4. 

Evicting a Squatter in Massachusetts 

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Massachusetts, squatters must have lived in the property for 20 consecutive years to invoke Massachusetts squatters rights and claim right of possession (MGL 260 § 21). Their possession must also be: 

• Hostile/Adverse—The squatter must not have a valid lease with the owner 
• Actual—The squatter must be actively residing on the property 
• Open and Notorious—The squatter is openly and obviously living there. 
• Exclusive—The squatter does not share possession of the property with anyone else.  
• Continuous—The squatter must hold continuous and uninterrupted possession. 

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Massachusetts to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Massachusetts, you should: 

1. Call local law enforcement. 

2. Determine whether the person is a trespasser or a squatter. 

3. If the person is a trespasser, they can be removed immediately by a police officer. 

4. If the person is a squatter, you must contact the sheriff’s office. 

5. Send the squatter an eviction notice as per Massachusetts eviction law. 

6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process. 

7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer. 

Additional Reading: Massachusetts Squatters' Rights & Adverse Possession Laws [2025]

Massachusetts Eviction Cost Estimates 

How much do evictions cost in Massachusetts? This chart shows estimates of the approximate cost of the Massachusetts eviction process, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress. 

Massachusetts Eviction Time Estimates 

The chart below shows an estimate of the duration of each part of the Massachusetts eviction process timeline. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.  

Eviction Tips for Landlords

The best way to handle an eviction is to avoid getting to that point in the first place. Proactive management and clear communication can prevent most issues before they escalate into legal disputes. Massachusetts landlords can save time, money, and stress by following these best practices:

• Screen applicants thoroughly using credit, criminal, background, and eviction checks to help avoid problematic tenancies from the start. Massachusetts allows landlords to use screening tools, but make sure to comply with Fair Housing and consumer reporting laws.
• Conduct regular property inspections with proper notice to ensure lease terms are being followed and that the unit remains in good condition.
• Use clear and detailed leases that outline tenant and landlord responsibilities in plain language, minimizing confusion and potential disputes.
• Be flexible when possible by offering short grace periods or payment arrangements for tenants facing temporary financial hardship. Building trust and communication often prevents future issues.
• Maintain open communication so tenants feel comfortable reporting maintenance concerns or problems early before they escalate into serious disputes.
• Avoid rushing to eviction by exploring alternatives such as payment plans, mediation, or lease modifications when appropriate to resolve conflicts without court involvement.

Additional Reading: Massachusetts Background Checks & Screening Online

If eviction becomes necessary, you’ll want to ensure your case is as strong and compliant as possible. Here’s how to protect your legal standing, business, and profits:

• Follow Massachusetts court procedures and notice requirements carefully to avoid delays or case dismissal.
• Keep organized documentation of all interactions with tenants, including payments, notices, and lease violations—these records are crucial in Housing Court.
• Use property management software to automate notices and securely store digital records, making it easy to retrieve evidence if needed.
• Never attempt a “self-help” eviction by changing locks, removing belongings, or shutting off utilities, as doing so is illegal in Massachusetts and can result in severe penalties for landlords.

Conclusion 

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Massachusetts laws on eviction, you can feel more confident pursuing an eviction in this state. 

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. 

Court Documents 

• Summary Process (Eviction) Summons and Complaint (Housing Court) 
• Affidavit of Compliance with G.L. c. 186, s. 31 (Housing Court) 
• Summary Process Answer (Housing Court) 
• Agreement for Judgment (Housing Court) 
• Motion for Issuance of Execution (Housing Court) 
• Notice of Transfer to Housing Court (District/Boston Municipal Court) 
• Summary Process (Eviction) Summons and Complaint (Boston Municipal Court) 

Additional Resources 

• How to File an Eviction Case in Massachusetts – The official state government’s site with an explanation of the steps to file a summary possession case. 
• Massachusetts Court Forms for Eviction – This page includes various eviction forms used in the Massachusetts courts, including summary process complaints, affidavits of compliance, housing court agreements, motions for issuance of execution or vacate default judgment, and others. 
• MA Uniform Summary Process Rules – This page includes the specific rules of civil procedure and court policies for summary process in Massachusetts. 
• Massachusetts Courts Uniform Schedule of Fees – This site lists the court costs to file various actions in Massachusetts courts. 

FAQs

How long does it take to evict a tenant in Massachusetts?

The eviction process in Massachusetts typically takes 30–90 days, depending on the reason for eviction and whether the tenant contests the case. Nonpayment cases move faster than no-fault evictions, but any errors in notice or filing can delay proceedings significantly.

How much notice does a landlord need to give before eviction?

For nonpayment of rent, landlords must provide a 14-Day Notice to Quit.
For no-fault or at-will terminations, landlords must give at least 30 days or one full rental period’s notice, whichever is longer. Lease violations may require 7–30 days, depending on the severity and lease terms.

Can a landlord evict a tenant without going to court in Massachusetts?

No. All evictions in Massachusetts must go through the court system. A landlord cannot legally remove a tenant without a court order known as an Execution for Possession. Any “self-help” actions—like changing locks, cutting off utilities, or removing belongings—are strictly illegal and can result in fines or damages owed to the tenant.

Can tenants stop an eviction by paying owed rent?

Yes, in many cases. If a tenant receives a 14-Day Notice to Quit for Nonpayment, they can stop the eviction by paying the full amount due before the landlord files the case in court. Once the eviction has been filed, however, payment is no longer guaranteed to halt proceedings.

What happens after a landlord wins an eviction case?

If the landlord wins, the court issues an Execution for Possession, which authorizes a sheriff or constable to remove the tenant after a 48-hour notice period. Landlords must allow this process to occur legally and cannot perform the removal themselves.

Can a landlord charge late fees in Massachusetts?

Yes, but only after rent is 30 days late, unless the lease clearly states otherwise. Charging late fees before that violates Massachusetts General Laws Chapter 186, Section 15B.

Are landlords required to store tenants’ belongings after eviction?

Yes. Massachusetts law requires landlords to store evicted tenants’ property in a bonded warehouse for a minimum of six months. The tenant must pay the moving and storage costs to reclaim their belongings.

Where can I find the official Massachusetts eviction laws?

You can find the full legal text under Massachusetts General Laws Chapter 186 (Landlord and Tenant) and Chapter 239 (Summary Process for Possession of Land). These sections outline notice requirements, eviction grounds, and tenant protections in detail.