What is the eviction process in Massachusetts?
1. Statutory Framework. Massachusetts eviction is a Summary Process action under M.G.L. c. 239 §§ 1-15, with procedure governed by the Uniform Summary Process Rules (USPR) and the Housing Court Act, M.G.L. c. 185C.
2. Pre-Filing Notice. Nonpayment requires a 14-day Notice to Quit under M.G.L. c. 186 § 11 (tenants under lease) or § 12 (tenants at will). Tenants at will may cure within 10 days of receipt of first such notice within 12 months. No-fault termination of a tenancy at will requires 30 days or one full rental period, whichever is longer (§ 12). Lease violations follow lease notice terms or "reasonable" time.
3. Filing the Complaint. Service of a Summary Process Summons and Complaint commences the action; filing follows in the District Court, Boston Municipal Court, or Housing Court. Entry fee is approximately $135-$195.
4. Tenant Answer / Default. Tenant must file a written Answer by the Monday before the trial date (USPR 3). Discovery may be served simultaneously, which postpones trial by 2 weeks.
5. Hearing. Trial is set on the second Thursday after entry date. Defenses include warranty of habitability (Boston Housing Auth. v. Hemingway, 363 Mass. 184), quiet enjoyment (M.G.L. c. 186 § 14), retaliation (c. 239 § 2A), and discrimination (c. 151B).
6. Writ of Possession. Execution may issue 10 days after judgment (M.G.L. c. 239 § 5) and is valid for 3 months. Constable or sheriff must give 48 hours' notice before the move-out.
7. Self-Help Prohibition. M.G.L. c. 184 § 18 and c. 186 § 14 prohibit self-help eviction, lockouts, and utility shutoffs. c. 186 § 14 carries criminal penalties and treble damages plus attorney's fees.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058.
9. Just-Cause. No statewide just-cause; Boston, Cambridge, Somerville, and other cities have proposed or enacted just-cause and tenant protections (subject to home-rule petition process).
This is legal information, not legal advice.
- Tenant raises sanitary code conditions warranting rent withholding
- RAFT/HomeBASE application pending and tenant seeks stay
- Subsidized housing eviction with HUD or DHCD grievance rights
- M.G.L. c. 239
- M.G.L. c. 186 §§ 11-14
- Uniform Summary Process Rules
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.