Notice to quit in Massachusetts takes different forms depending on the particular circumstances of the case.
The first step to commencing an eviction proceeding is by terminating the tenancy agreement. In this case, the landlord would have to serve an eviction notice under Massachusetts law.
It’s important that landlords and tenants understand the intricacies behind serving an eviction notice in Massachusetts. Understanding this part of the law will help landlords to effectively navigate the eviction process in Massachusetts, while, avoiding any legal consequences.
It also helps tenants avoid unlawful or wrongful tenancy termination. Massachusetts eviction law covers tenants’ rights including; the right to receive proper notice, contest an eviction, seek remedies and repairs, and so much more.
In this article, we’ll cover the different types of eviction notices and the associated legal processes in Massachusetts.
Up-to-Date Eviction Laws in Massachusetts for 2024
The primary legislation that governs eviction processes in Massachusetts is Massachusetts General Laws (MGL). This Act provides various provisions concerning landlord-tenant relationship, determination of estates, notice requirements, eviction procedure, and much more.
The Act further makes a distinction between tenancy agreements. Therefore, when it comes to Massachusetts notice to quit requirements, the type of tenancy is important. It can be a tenancy of no lease, tenancy of sufferance, or a standard lease agreement.
According to Massachusetts eviction law, a tenant can be evicted for nonpayment of rent, lease violation, violation of the law, or no-fault. However, the type of tenancy will determine the written Notice to Quit to serve on the tenant.
It’s important that each party have a legal representative working in their interest. Massachusetts eviction laws are not straightforward, and either party may incur all kinds of penalties or delays.
These laws have however been repealed, amended, or modified to fit into the economic circumstances of the state. It has also been modified to protect tenant’s rights and facilitate a fair and balanced approach for either party.
Types of Rental Agreements in Massachusetts
There are different types of rental agreements in Massachusetts. These are;
- Standard Residential Lease Agreement: This is a legally binding rental contract that outlines the terms and conditions for the landlord and tenant. It is typically a one-year lease agreement.
- Month-to-Month Lease Agreement: This is a contractual lease agreement where the tenant pays rent every month. In most cases, the tenancy agreement automatically renews itself. Either party can terminate the tenancy with notice, as provided under Massachusetts eviction laws.
- Sublease Agreement: This is a lease agreement that allows a tenant to sublease the rental property to another tenant. This is usually done with the agreement of the landlord. As such, there are three contracting parties in this case; sublessor (original tenant), sublessee (other tenant), and lessor (landlord).
- Roommate Agreement: This is a written contract that outlines the terms and conditions for two or more parties living together in a given space. In this case, the agreement outlines the rules as to living arrangements, rent payment, chores allocation, etc.
- Commercial Lease Agreement: This is a rental agreement used in renting a commercial space, such as shops, offices, industries, etc. A commercial lease agreement usually has more restrictive clauses and clauses compared to a residential lease agreement.
- Rent-to-Own Agreement: This is a contractual rental agreement that allows the tenant to rent a particular space, but with the option of purchasing it at a later date. In accordance with the agreement, this provides an opportunity for tenant to improve their credit score or save money before purchase.
Grounds for Eviction in Massachusetts
There are various grounds (reasons) to evict a legal tenant in the State of Massachusetts. These grounds determine the type of eviction notice to serve on the tenant.
Here are the following grounds for serving a notice to quit in Massachusetts;
- Failure to Pay Rent
In Massacuchets, a landlord can serve an eviction notice if the tenant is late on rent. Rent is considered late when it is unpaid a day past its due date.
For example, if the rent is meant to be paid by July 1st, it is considered late if it remains unpaid by July 2nd.
Although landlords can impose late fee charges on a tenant, they can not however do so until 30 days after the rent has been due. – MGL c.186 § 15B(1)(c)
However, this doesn’t stop the landlord from commencing an eviction lawsuit immediately after the rent becomes late.
Prior to that, the landlord must serve a 14-day Notice to Quit under Massachusetts law. This notice should inform the tenant of the notice timeline for the payment of the due rent.
In this case, the tenant has the right to cure, i.e., the right to pay the due rent before the notice period elapses.
If the tenant has not received a 14 day Notice to Quit within the last 12 months, the tenancy agreement will not terminate if such tenant pays the due rent within 10 days of receiving the notice.
However, if the tenant tries to pay during this period, the landlord can not refuse to collect it. Same way, the landlord can not proceed to file an eviction lawsuit when the tenant pays the due rent before the notice period elapses.
Additionally, there are cases where the tenant will leave the rental unit before the notice period elapses without paying the due rent. In such a situation, the landlord can sue the tenant for the unpaid rent (or other damages) in a civil or a small claims case.
N.B: The 14-day Massachusetts notice to quit requirements applies to tenancy at will and tenancy under a lease.
- Violation of Lease Terms
Lease agreements are supposed to be followed by both parties to the rental agreement. However, the landlord can serve a Notice to Quit when a tenant violates any term in the lease agreement.
Examples of some lease violations are;
- Damage to the rental unit
- Committing or permitting a nuisance
- Disturbing the peace of other persons
- Smoking in a non-smoking area
- Keeping pets in an unauthorized zone
For daily or weekly tenants (tenancy-at-will), the landlord must serve a 7 day Notice to Quit, if such a tenant violates any lease term. – MGL 186 § 17
The notice must state the reason for the eviction, and that the tenancy agreement will terminate on a specific date.
The landlord isn’t obligated to allow the tenant to ‘cure’ the violation. He may choose to evict the tenant based on such grounds.
For tenants under a lease, Massachusetts eviction law did not specify a particular notice period for lease violations. However, most lease agreements usually specify the requirements.
- Illegal or Criminal Activity
Massachusetts law has strict regulations on any illegal or criminal conduct exercised in the rental unit.
Under MGL 139 § 19, there are numerous acts categorized as being illegal or criminal. These are;
- Prostitution
- Illegal gambling
- Illegal sale or storage of alcoholic beverages
- Storage, sale, or manufacture of controlled substances
- Illegal weapon storage
- Possession and use of explosives or incendiary devices,
- Use of violence or force on an employee of a housing provider or other persons; etc.
If a tenant engages in any of these acts in the rental property, the landlord can rely on the ‘nuisance law’ and seek immediate eviction without notice. In this case, the landlord can terminate the tenancy agreement and revert ownership of the rental to him.
In other words, the landlord can file a summary process case to obtain a court order, without the need to serve a Notice to Quit under Massachusetts law.
The landlord may go further to request an injunction or temporary restraining order (TRO).
For tenants under a lease, the landlord may be bound to follow the stipulations of the lease agreement. In most cases, the lease may specify a 7-day Notice to Quit, and in such cases, this 7 day notice is legal.
However, for tenants without a lease, the landlord must serve a 30 day Notice to Quit, or one full rental period in advance (whichever is longer), to terminate the rental agreement.
- Health or Safety Violations
If a tenant fails to keep the rental in a habitable state, fix any damages caused, or protect the health and safety of other persons, the landlord can terminate the tenancy agreement.
This is typically seen as a lease violation and a violation of the law (housing codes).
For tenants at will, the landlord must serve a 30 day Notice to Quit, or one full rental period in advance (whichever is longer), to terminate the rental agreement.
But for other standard tenancy, the landlord should follow the stipulation of the lease agreement. There’s usually room for it.
- End of Lease or No Lease
A landlord can serve a Notice to Quit where there’s no lease, or where there is an expired lease and the tenant continues to remain in the rental.
For tenancy without a lease, the landlord must serve a 30 day Notice to Quit under Massachusetts law or one full rental period in advance (whichever is longer), to evict such tenant.
However, where there’s a lease agreement, the landlord must follow the dictate of the rental agreement.
Types of Massachusetts Eviction Notice Forms
In Massachusetts, landlords can only evict a tenant where there’s a valid reason for it. These reasons have been further divided into evictions ‘with a cause’ or ‘without a cause’.
- Eviction Notices with Cause
Under Massachusetts eviction law, a Notice to Quit can be served on a tenant who fails to pay rent when due, commits a lease violation, or a violation of the law. As discussed above, a tenant may be served a 14 Day Notice to Quit or 30 Day Notice to Quit under Massachusetts laws.
Regardless of whether there’s a lease or not, a 14 day Notice to Quit is used for tenants who fail or neglect to pay due rent. However, for tenants with a lease, the agreement may specify a longer period, but never shorter than 14 days. If the lease agreement states a longer notice period, the landlord must then honor it.
On the other hand, a 30 day Notice to Quit is used to evict a tenant for any other reason apart from non-payment of rent. This applies to tenants without a lease (tenancy at will). If a tenant violates a lease term or term under the law, the landlord can serve a 30 day Notice to Quit or 1 full rental period in advance (whichever is longer). N.B – One full rental period means from a particular date till when your rent is usually due).
Additionally, a landlord can also serve an Unconditional Notice to Quit under Massachusetts law where the tenant engages in an illegal or criminal act. In this case, there’s no right of remedy.
- Eviction Notices without Cause
A landlord can also evict a legal tenant for ‘no cause’ at all. However, the landlord can not abruptly stop the tenancy agreement. He must wait till the tenancy is about to come to an end to serve an eviction notice notifying the tenant of the non-renewability of the lease agreement. However, there are specific regulations to this rule.
For a month-to-month tenant, the landlord must serve a 30 day Notice to Quit. The notice should inform the tenant that the agreement will terminate on a specific date. If the tenant fails to leave the rental after the notice period expires, the landlord can file an eviction lawsuit against the tenant.
The landlord is not expected to serve an eviction notice for fixed-term tenants under Massachusetts law. Unless the lease states otherwise, the landlord can simply wait till the end of the tenancy, and expect the tenants to leave once the lease expires.
Eviction Process in Massachusetts: How to Evict a Tenant from Your Premises
Step 1: Landlord Issues an Eviction Notice
Eviction processes in Massachusetts begin with serving a valid eviction notice (Notice to Quit). This notice must specify the ground for eviction (nonpayment of rent, lease violation, tenancy expiration, etc).
Massachusetts laws did not specify the delivery method for serving a Notice to Quit on a tenant. However, the landlord must prove that the tenant had received the notice.
It’s highly recommended that the notice be hand-delivered to the tenant. The landlord can equally resort to leaving the notice with the tenant’s spouse, sending it by first-class mail, or getting a Sheriff or Constable to deliver it.
It’s also important that the landlord retain copies of the notice as proof of service.
Step 2: Landlord Files an Eviction Lawsuit with the Court
After serving the notice, if the tenant still fails to pay the due rent, cure the violation, or leave the rental premises (whichever is applicable), the landlord can file a complaint with the court.
The landlord must file an action for summary process in a Massachusetts Housing, District, Superior, or Boston Municipal Court.
However, if the landlord is seeking monetary damages less than or equal to $25,000, they can file the complaint at a Superior court.
Additionally, the landlord is also expected to file a copy of the eviction notice, a copy of proof of service, and a copy of the affidavit showing compliance with the local laws of condominium conversion evictions, at the appropriate court.
The court hearing is usually determined by the landlord, based on the day the case is entered into.
Paying the prescribed court filing fees is also important. However, the fee may vary from one court to another. For Housing Courts, it is $120, and $180 for District Courts. But a surcharge of $15 is compulsory for all courts.
Step 3: The Court Serves the Tenant the Summons and Complaint
After filing, a copy of the Summons and Complaint must be served on the tenant by an authorized process server (e.g., the Sheriff).
The documents must be served on the tenant within 7 and 13 days after the filing. These documents may be served through any of the following methods;
- Personal Service: The copy of the Summons and Complained can be hand-delivered to the tenant;
- Substituted Service: The documents can be left in the last and usual abode of the tenant;
- Agent Service: The documents can be left in the hands of an agent, authorized by appointment or statutes.
- Mailing Service: If the document is not by hand, it can be delivered by first-class mail to the tenant’s address.
The service of the process must be in accordance with Rule 4 (d) of the Massachusetts Rules of Civil Procedure. If any of the following methods can not be executed, the court can issue an order of notice in a manner or form prescribed by law.
After the tenant has been served, the landlord must collect the original Summons and Complaint showing a return of service from the process server. This proves that the documents were properly delivered.
Under Massachusetts eviction law, the tenant has to receive the notice and summons. However, they are not required to file a written response to the notice. But if they must do it, it must be within 7 days of receiving it.
Step 4: Landlord and Tenant Attend Court Hearing and Receive Judgment
The eviction hearing is set within 10 – 16 days after the Summons and Complaint have been entered. After filing, the hearing date is usually set on the second Thursday, Friday, or Monday, or it can be the third Tuesday or Wednesday.
On the day of the hearing, both parties are expected to argue their claims with indisputable evidence. However, the burden of proof lies on the plaintiff (landlord).
HThe landlord should bring a copy of the deed or lease agreement, a notice with proof of service, the complaint, and any proof of lease violation (picture, video, or witnesses).
The judge will hear the sides of each party and give a ruling. The party that can present their claims most convincingly, usually wins the suit.
If the tenant does not file a written response but shows up at the hearing, the date for the hearing is shifted for another 7 days. The same goes if the tenant is present at the hearing and the landlord fails to show up.
On the other hand, if the tenant fails to make an appearance in the hearing, a default judgment would be entered in favor of the landlord.
Either party may file an appeal against the judgment of the court within 10 days of its issuance.
Tenant Defenses and Legal Protections in Court
When defending, the tenant can rely on the following defenses to invalidate the landlord’s claim.
- Self-Help Eviction: It is illegal for a landlord to resort to any of the following self-help acts such as; changing the locks, turning off utilities, limiting passage, etc. If a landlord is guilty of this, it may affect the result of the case.
- Improper Notice: In Massachusetts, if a landlord delivers the wrong notice to quit or does not wait enough before filing an eviction lawsuit, it may contradict the suit. In such a case, the landlord would have to start all over again.
- Retaliatory Eviction: Under Massachusetts eviction law, it is illegal for a landlord to evict a tenant because he/she has exercised his legal right. For example, where the tenant had joined a tenant’s organization, reported a housing or building code violation, or requested repairs. The landlord can not in retaliation evict such a tenant based on these legal and acceptable acts.
- Landlord’s Failure To Maintain Premises: The landlord is expected to keep the rental unit in a safe and habitable manner. He is required to make necessary repairs not caused by the tenant. Where a landlord fails to fulfill this obligation, the tenant may rely on such default as the reason for not paying the rent or partially paying it. Particularly where such a tenant has expended money in fixing repairs that the landlord is expected to do.
- Full Payment Of Rent: If the tenant pays the full amount of the due rent within 10 days of issuing the 14-day Notice to Quit under Massachusetts law, the tenancy agreement will not be terminated. Provided the tenant has not previously received the same notice within 12 months. Where a tenant fulfills this rule, the landlord can bring an action for rent that has already been paid by the tenant within the stipulated notice period.
- Discrimination: Under Massachusetts eviction law, it is illegal for a landlord to evict a tenant based on sex, race, religious status, nationality, and ethnicity. This sort of act can invalidate the eviction process, and the landlord may also incur other charges.
- Emergencies Or Waiver/Agreement Disputes: If there’s a prior agreement between both parties, the landlord can not overlook such agreement and serve a Notice to Quit against the tenant. For example, if both parties had agreed that the rent for a particular month would be subsidized, the landlord can not file an action for the remaining rent amount, since there was already a prior arrangement. However, it is more effective if such an agreement is on paper.
Step 5: Court Issues Writ of Restitution: Tenant Has 48 Hours to Vacate Premises
If the landlord wins the lawsuit, a Writ of Restitution will be issued within 10 days of giving the judgment. The tenant can leave the rental within 10 days.
The writ is a final notice to the tenant to vacate the rental premises. The writ is usually issued to the Sheriff or other authorized officer, who will in turn, post it at the tenant’s residence.
This will inform them to vacate the rental premises within 48 hours or be forcibly led out.
The writ must be delivered to the tenant between 9 am to 5 pm on a weekday. It must not be delivered on a weekend or holiday.
The tenant can request for a Stay of Execution for up to 6 months. However, if the tenant has a disability or is over the age of 60, they can ask for up to 12 months.
Step 6: Executing the Eviction: Tenant Faces Forced Removal After 48-Hour Deadline
Only a law enforcement agency has the right to execute an eviction.
Even if the landlord wins the lawsuit, he must not resort to physically driving the tenant out or any self-help methods. He must act through a law enforcement agency.
After serving the writ, the tenant gets 48 hours to leave the premises. If the tenant fails to leave the rental property after 48 hours, the Sheriff or other law enforcement agency will drive them out.
If the tenant abandons his personal property in the rental, the officer may store it in any licensed public warehouse. Notice shall be given to the tenant about the whereabouts of his property.Having left the property in a warehouse, the warehouser will have a lien upon such property. However, he can not execute the lien until after 6 months. The tenant, however, can reclaim his property by payment of all the storage fees – MGL 239 § 4
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FAQs
The eviction process in Massachusetts takes about 1 – 3 months in total. However, the eviction process may take longer or shorter time based on the circumstances of the case.
The first step to commencing an eviction process is by serving a Notice to Quit under Massachusetts law. After serving the notice, the landlord can proceed to file a complaint, appear at the hearing, and await judgment. The Massachusetts Notice to Quit requirements have more information.
The cost of evicting a tenant in Massachusetts depends on the type of court. For the court filing, the landlord might spend up to $205 for a district court and $145 for a housing court. This is noninclusive of the legal fees, reliefs, execution fees, etc., which may vary.
In Massachusetts, any party will generally need an attorney to properly handle the eviction process. This process may be herculean, and it is important if it’s handled by a professional who understands this part of the law.
An illegal eviction means any acts prohibited under Massachusetts eviction law. These refer to self-help acts, retaliatory acts, improper eviction notices, etc.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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