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What is the eviction process in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Massachusetts eviction (summary process) is governed by M.G.L. ch. 239, M.G.L. ch. 186, and the Uniform Summary Process Rules.

1. Notice to Quit

  • Nonpayment: 14-day notice to quit (M.G.L. ch. 186, § 11 for tenancies-at-will; § 11A for written leases). Tenant-at-will may cure by paying within 10 days of receiving the notice. Tenant under a written lease may cure by paying before the answer date.
  • No-fault termination of tenancy-at-will: 30 days or one full rental period, whichever is longer (M.G.L. ch. 186, § 12).
  • For cause (lease breach): Notice as required by lease.

    • 2. Filing the Summary Process Action

    Landlord files a Summary Process Summons and Complaint in Housing Court (preferred) or District/Boston Municipal Court. Filing fee is approximately $135 plus service.

    3. Service

    Deputy sheriff or constable serves the summons at least 7-30 days before the entry date specified on the summons (USPR 2).

    4. Entry Date and Answer

    Landlord enters the case in court on the entry date. Tenant must file an answer on the Monday after entry (USPR 3). Tenant may also file a discovery request, which automatically continues the trial by 2 weeks.

    5. Trial

    Trial is held the second Thursday after the entry date (or after discovery period). Tenant has the right to a jury trial. Mediation is offered in most courts.

    6. Judgment and Execution

    If landlord wins, judgment enters and execution may issue after 10 days (M.G.L. ch. 235, § 23). Execution is good for 3 months.

    7. Stay of Execution

    Tenant may seek a discretionary stay of execution up to 6 months (12 months for elderly/handicapped) under M.G.L. ch. 239, § 9-11.

    8. Constable/Sheriff Move-Out

    With execution in hand, landlord schedules a 48-hour notice and physical move-out. Personal property must be stored at landlord's expense (or licensed mover).

    9. Tenant Defenses

    Warranty of habitability with rent abatement (Boston Housing Auth. v. Hemingway), retaliation (M.G.L. ch. 186, § 18), security deposit violations (one to three times the deposit, ch. 186 § 15B), discrimination, and improper notice.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You want a stay of execution
    • Property has habitability defects
    • Landlord failed to escrow security deposit
    Related Statutes & Laws
    • M.G.L. ch. 186, § 11
    • M.G.L. ch. 186, § 12
    • M.G.L. ch. 186, § 15B
    • M.G.L. ch. 186, § 18
    • M.G.L. ch. 239, § 9

    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.