How To Serve an Eviction Notice in Massachusetts

How To Serve an Eviction Notice in Massachusetts

Last Updated: May 31, 2024 by Roberto Valenzuela

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.

note

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:

  1. Hand delivery to the tenant
  2. Delivery by registered or certified mail, with the tenant’s signature used as proof of delivery
  3. 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

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