In Massachusetts, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Massachusetts?
In Massachusetts, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Massachusetts?
In Massachusetts, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 14 Day Notice To Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Massachusetts, rent is late starting the day after it’s due.
Massachusetts law gives a tenant with a pending application for emergency rental assistance the right to delay eviction for nonpayment of rent, until the application is approved or denied.
Acceptable Forms of Service in Massachusetts
Massachusetts landlords may deliver a written eviction notice by any method which results in actual notice to the tenant. The burden of proof is on the landlord to prove delivery. These are some common methods for notice delivery in Massachusetts:
- Hand delivery to the tenant
- Delivery by registered or certified mail, with the tenant’s signature used as proof of delivery
- Delivery by constable or sheriff
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Massachusetts
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Mail – via the signature block on the return receipt, and by completing a Declaration of Service at the time of mailing
Massachusetts Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 14 Day Notice To Quit | Eviction for Unpaid Rent |
| Notice To Comply or Vacate | Eviction for Lease Violation |
| 7 Day Notice To Vacate | Eviction for Unlawful Conduct |
| 7 Day Notice To Terminate Tenancy | Ending a Daily / Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Mass. Gen. Laws c.239 § 15(b)
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In an action for summary process for nonpayment of rent, a court having jurisdiction over said action for summary process shall:
Source Link(i) grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial is scheduled to commence: (1) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; (2) the non-payment of rent was due to a financial hardship; and (3) the defendant demonstrates, to the satisfaction of the court, a pending application for emergency rental assistance; provided, however, the court may consider any meritorious counterclaim brought in said action for summary process;
(ii) issue a stay of execution on a judgment for possession if the requirements in clauses (1) to (3), inclusive, of paragraph (i) are met; and
(iii) not enter a judgment or issue an execution before the application for emergency rental assistance has been approved or denied.
- 2 Mass. Ct. Sys., "Find out how to start the eviction process"
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The Massachusetts Court System provides the following guidance for delivery of a notice to quit the premises. Note that actual delivery of notice to the receiving party is the operative legal standard:
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There is no designated way to give the notice to quit to the tenant. A landlord can give the notice directly to the tenant in person, but it’s recommended that a disinterested person be present for this. The tenant doesn’t have adequate notice to quit if:
- A constable or sheriff leaves the notice at the tenant’s last usual address but the tenant doesn’t actually receive it for some reason.
- The landlord sends the notice by mail and the tenant doesn’t pick it up.
- 3 Mass. R. Civ. P. 6
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Additional Time After Service by Mail:
Source LinkWhenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other papers upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.
