Massachusetts Eviction Process: Notice to Quit, Summary Process and Tenant Rights

In Massachusetts, an eviction case is called summary process . A landlord has to end the tenancy with a written notice to quit, take the tenant to court, win, wait out the appeal period, and then have a sheriff or constable carry out the court’s order [1][3][6]. Tenants have more ways to stop or delay the case than in many states, including paying what’s owed and raising problems with the apartment.

Step 1: the notice to quit

The landlord must end the tenancy before going to court. Which notice applies depends on the reason and the type of tenancy.

A tenancy at will can be ended for no reason with the right notice. If rent is due monthly, that usually means a full rental period, and never less than 30 days [2]. For a tenant with a written lease, unpaid rent allows a 14-day notice to quit [1].

Step 2: the court case

After the notice period runs out, the landlord can start a summary process case [3]. The tenant is served with a summons and complaint that names the court, the deadline to answer and the trial date [11]. The landlord then files (“enters”) the case on an entry date, which must be a Monday between 7 and 30 days after service [11].

Cases can be brought in the District Court for the area where the home is [4], and Massachusetts’ Housing Court also hears them [6][11]. In Housing Court, the first court date is usually a mediation session to try to settle the case. If it doesn’t settle, it can go to trial [11].

Step 3: the tenant’s answer and defenses

A tenant can file a written answer by the deadline on the summons. There’s no fee to file it [11]. The answer is where a tenant raises defenses and counterclaims, such as:

• Bad conditions. In a nonpayment case, a tenant can raise code violations and other problems the landlord knew about before the rent fell behind. The court can reduce what’s owed and order rent paid into court while repairs happen [7].
• Retaliation. If the landlord sends a notice to quit or files the case within six months after the tenant reported code violations, sued to enforce housing rules or joined a tenants’ union, the law presumes it’s retaliation. The landlord can overcome that only with clear and convincing evidence [8].
• A pending rental assistance application. If the case is only for unpaid rent caused by financial hardship and the tenant has applied for emergency rental assistance, the court must give a continuance and can’t enter judgment or issue an execution until the application is approved or denied [9].

If the judge finds the landlord is owed more than the tenant’s counterclaims, the tenant can still keep the home by paying the balance, with interest and costs, within one week of the court’s written notice [7].

Step 4: judgment and appeal

If the landlord wins, either side has 10 days after judgment to file a notice of appeal [6]. A tenant who appeals normally has to post a bond set by the court. The court must waive the bond for a tenant who can’t afford it and has a defense that isn’t frivolous, but the tenant then has to keep paying rent as it comes due during the appeal [6].

Step 5: execution and the move-out

The court can’t issue an execution until 10 days after judgment [6]. Once it does, the sheriff or constable must give the tenant at least 48 hours’ written notice with the date and time of the move-out. It can’t happen on a Saturday, Sunday or legal holiday, or in the evening or early morning. Belongings left behind go to a licensed warehouse near the home; unclaimed items can be sold after six months [5].

Where to get help

• Massachusetts Trial Court self-help: the Tenants’ guide to eviction explains each court step and the free answer form [11].
• Housing Court: the first court event is usually mediation, a chance to settle before any trial [11].
• Legal aid: free help may be available for low-income tenants. Ask the court clerk’s office for local programs.