Massachusetts Eviction Notice Templates (5)

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A Massachusetts eviction notice informs a tenant that they will be evicted for breaking their lease if they don’t comply with the notice’s terms. The document will relay the reason for the notice, whether they can remedy the situation, and how many days they have to comply.

Massachusetts Eviction Notice Templates (5)

A Massachusetts eviction notice informs a tenant that they will be evicted for breaking their lease if they don’t comply with the notice’s terms. The document will relay the reason for the notice, whether they can remedy the situation, and how many days they have to comply.

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Last updated November 5th, 2024

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A Massachusetts eviction notice informs a tenant that they will be evicted for breaking their lease if they don’t comply with the notice’s terms. The document will relay the reason for the notice, whether they can remedy the situation, and how many days they have to comply.

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Eviction Notices: By Type (5)

14-Day Notice to Quit | Non-Payment – An eviction notice for fixed-term tenancies that instructs tenants to pay rent or vacate the premises.

 

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10/14-Day Notice to Quit | Non-Payment – For at-will tenancies only, this notice provides tenants with 10 days to pay rent or 14 days to move out.

 

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Notice to Quit | Non-Compliance – For tenants who violate the conditions of their rental agreement.

 

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Immediate Notice to Quit | Illegal Activity – Informs a tenant that they are being evicted due to illegal acts committed on the premises.

 

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1-Month Notice to Terminate Month-to-Month Lease – Relays that a month-to-month rental agreement will terminate in 30 days or one rental term, whichever is longer.

 

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Notice Requirements

  • Grace Period for Late Fees – 30 days.[1]
  • Non-Payment of Rent (Fixed-Term Tenancy) – 14 days.[2]
  • Non-Payment of Rent (At-Will Tenancy) – 10 days to pay / 14 days to vacate.[3]
  • Non-Compliance (Fixed-Term Tenancy) – Not mentioned in state statutes.
  • Month-to-Month Tenancy Termination – 1 month.[4]
  • Illegal Activity – No notice required.[5]

How to Evict a Tenant in Massachusetts

Step 1 – Draft a Notice to Quit

The landlord will need to serve the tenant with a notice that outlines the cause of eviction, the notice period, and whether action can be taken to maintain their lease.

Step 2 – Serve Eviction Notice 

The landlord must deliver the notice and obtain proof of service. In Massachusetts, there isn’t a specific manner in which an eviction notice must be served.

Step 3 – Eviction Summons and Complaint

If the tenant fails to comply with the eviction notice, the landlord can purchase an Eviction Summons and Complaint (Sample) from the district court, housing court (Courthouse Locator), or the Boston Municipal Court to begin the eviction process.

Step 4 – Serve Summons and Complaint

The landlord must hire the sheriff or a constable to serve a copy of the Summons and Complaint on the tenant. The sheriff or constable will provide the landlord with a Return of Service.

The landlord must visit the courthouse to file the original Summons and Complaint, Return of Service, and a copy of the notice to quit. A fee will be charged upon filing.

Step 5 – Tenant’s Response to Eviction

If the tenant wants to contest the eviction, they will file a Summary Process Answer with the court stating the reasons why they shouldn’t be evicted. A copy of the completed Answer must be delivered to the landlord by mail or in person.

The tenant may file a Discovery Form which forces the landlord to answer questions regarding the case. If a Discovery is filed, the eviction trial will be postponed by two weeks.

Step 6 – Attend Eviction Trial

The eviction trial will allow both parties to present their cases before the court. Should either person fail to attend the trial, a default judgment may be awarded to the other.

The landlord’s chances of victory are improved if they bring a copy of the written lease, the notice to quit and eviction paperwork, proof of non-payment, and any witnesses that might support their case.

Step 7 – Eviction Judgment 

If the landlord is awarded an eviction judgment, the tenant will be given 10 days to file an appeal.

If the tenant doesn’t file an appeal and isn’t eligible for a stay of execution, the landlord must file a Motion for Issuance of Execution requesting an Execution Order to authorize the sheriff or a constable to evict the tenant from the premises.

Step 8 – Eviction Date

The Execution Order will be served on the tenant by the sheriff or a constable, giving the tenant 48 hours to vacate. If the tenant continues to occupy the premises after 48 hours, the sheriff or constable will forcibly remove the individual.

Sources

  1. Ch. 186 § 15B(1)(c)
  2. Ch. 186 § 11
  3. Ch. 186 § 12
  4. Ch. 186 § 12
  5. Ch. 139 § 19