Massachusetts Eviction Process

Last Updated: November 3, 2025 by Noel Krasomil

Massachusetts landlords who need to remove a tenant should understand the state’s eviction process and laws before taking action. Whether dealing with unpaid rent in Boston or property damage in Worcester, knowing the proper steps can prevent costly mistakes.

This guide breaks down the most common eviction reasons, the entire legal process, key timelines, and the landlord-tenant laws that protect rental owners across Massachusetts.

How Massachusetts Law Defines Eviction

An eviction in Massachusetts occurs when a landlord takes legal action to remove a tenant for unpaid rent, lease violations, or other legally valid reasons. Every step must follow the state’s strict procedures to avoid delays or court dismissals.

Landlords can find Massachusetts eviction laws in Chapter 239 of the Massachusetts General Laws, which outlines statewide notice requirements, court filings, and enforcement rules.

Eviction With Just Cause

In Massachusetts, “just cause” means a landlord has a lawful reason to remove a tenant, such as unpaid rent, major lease violations, or significant property damage.

Landlords can evict tenants with just cause when they follow the proper legal process. Valid reasons include nonpayment of rent, breach of key lease terms, or creation of unsafe conditions for others in the building. Each reason requires a specific written notice before filing in court.

Landlords should keep detailed documentation of every just cause issue. Records like payment histories, photos, and written communication help prove claims in court and show compliance with Massachusetts eviction laws.

Applicable law: M.G.L. c. 239

No-Fault Evictions

Massachusetts landlords can end a fixed-term lease without cause once the lease reaches its natural end date. They simply let the lease expire and provide proper written notice if they expect the tenant to move out. However, they cannot remove a tenant early without legal cause.

For month-to-month rentals, landlords can end the tenancy without cause as long as they give at least 30 days’ written notice, or one whole rental period, whichever is longer. This rule applies statewide, including in Boston, Worcester, and other local jurisdictions.

Applicable law: M.G.L. c. 186, §12

Grounds for Eviction in Massachusetts

Landlords in Massachusetts may evict tenants for several legally recognized reasons, which include:

Non-Payment of Rent

Massachusetts law does not require a grace period for late rent, though some landlords choose to include one in the lease. Once rent goes unpaid, landlords can serve the tenant a 14-Day Notice to Quit, directing the tenant to pay the balance or vacate the unit. Acting quickly helps landlords reduce rent losses and create a clear record if the dispute goes to court.

Applicable law: M.G.L. c. 186, §11

Lease Violations

A lease agreement defines the rules of the landlord-tenant relationship. When tenants break those rules, Massachusetts landlords can take legal action to remove them and reclaim possession of the property.

Common examples of lease violations include:

• Hiding a large dog in a no-pets Cambridge apartment after multiple warnings
• Listing a Boston rental on Airbnb without written permission
• Smoking inside a Somerville unit that clearly bans it in the lease

Lease agreements protect both parties by setting clear expectations from the start. Landlords and tenants should review these terms carefully to avoid disputes, property damage, or eviction.

Applicable law: M.G.L. c. 186, §12

Illegal Use of the Premises

Massachusetts landlords can evict tenants who use a rental property for illegal activity. Whether a tenant grows unlicensed marijuana in a Worcester basement, sells drugs from a Dorchester apartment, or hosts underground poker games in a Lowell duplex, landlords have the legal right to respond quickly. Acting fast protects the property’s value and keeps surrounding residents safe from criminal activity.

Once a tenant engages in criminal conduct within their rental, a landlord does not have to provide a cure period. The landlord can file for eviction immediately, allowing for expedited removal when a tenant uses the property for illegal purposes or maintains a common nuisance.

Applicable law: M.G.L. c. 139, §19

Tenant Actions that Threaten Health or Safety

Massachusetts landlords can evict tenants who create unsafe or unsanitary conditions in their rentals. State law allows landlords to act when a tenant’s conduct threatens health or safety or violates local sanitary codes.

Common examples of health and safety violations include:

• Leaving trash or food waste that attracts pests
• Damaging plumbing or electrical systems, creating unsafe conditions
• Blocking exits or tampering with fire safety equipment

Landlords should document every violation with photos, written warnings, and inspection notes before filing for eviction. To learn more about tenant responsibilities and property standards, review the Massachusetts warranty of habitability laws.

Applicable law: M.G.L. c. 186, §12

Destruction or Neglect of the Rental Unit

Massachusetts landlords can remove tenants who damage or neglect their rental property. The state treats intentional destruction or severe neglect as a lease violation, allowing landlords to pursue eviction and recover repair costs.

To prove property damage, landlords should document everything. Take dated photos, save repair receipts, request contractor estimates, and file inspection reports. Strong records make it easier to prove the claim and recover losses in Massachusetts Housing Court.

Applicable law: M.G.L. c. 186, §12

Tenant is in a Month-to-Month Rental Contract

Massachusetts landlords can end a month-to-month rental contract at any time without giving a specific reason. They must provide at least 30 days’ written notice, or one whole rental period (whichever is longer) using a proper Notice to Quit. If the tenant stays past the deadline, the landlord can file an eviction case in Housing Court.

Applicable law: M.G.L. c. 186, §12

Step-by-Step Eviction Process in Massachusetts

Massachusetts landlords must follow a 7-step legal process to evict a tenant. Each step requires proper notice, court filings, and documentation to ensure the eviction remains valid under state law.

Here are the steps landlords must take:

1. Deliver Notice to the Tenant

Landlords who want to evict a tenant should first identify the legal reason and follow Massachusetts’ eviction procedures exactly. They must serve the correct notice, allow any required cure period, and document every step to avoid court delays or case dismissal.

Some violations, such as illegal drug activity or creating a public nuisance, cannot be remedied. In these cases, act quickly and follow the expedited process allowed under state law. Always document service carefully since Housing Court judges expect solid proof that the tenant received proper notice.

Notice Forms & Timelines

• Nonpayment of rent: 14-Day Notice to Quit; tenants-at-will may cure within 10 days unless served a prior notice in the past 12 months; tenants under a lease can cure by paying all rent owed on or before the answer date. Include the official “Notice to Quit Accompanying Form” and required statutory language.
• Lease violations (non-rent issues): Follow the notice period in the lease, typically 7 or 30 days. If the lease is silent, give at least 30 days or one full rental period, whichever is longer.
• No-fault end of tenancy at will: Provide at least 30 days’ written notice or one full rental period, whichever is longer.
• Illegal drug activity or common nuisance: Follow Chapter 139 procedures, which allow expedited eviction and shorter notice periods.

Applicable law: M.G.L. c. 186, §§11, 11A, 12, M.G.L. c. 139, §19

2. File an Eviction Lawsuit Against the Tenant 

When the notice period runs out or the tenant refuses to fix the issue, you will move forward by filing a Summary Process Summons and Complaint. Massachusetts landlords will file this form in the appropriate Housing Court, District Court, or Boston Municipal Court, depending on where the rental is located.

Expect to pay filing fees when you submit the paperwork. Housing Court will charge $135, while District or Boston Municipal Courts will charge $180 plus form fees. Once the clerk processes a case, they will set a court date for the second Thursday after the Monday entry date.

Applicable law: M.G.L. c. 239, §§1–2, 5, Uniform Summary Process Rule 2

3. Serve Court Summons Paperwork to the Tenant

After the clerk sets the court date, the landlord will hire a sheriff, deputy sheriff, or constable to hand-deliver the Summary Process Summons and Complaint to the tenant. Massachusetts law authorizes only these officers to serve eviction papers. After service, the officer must complete a Return of Service form stating when and how the papers were delivered. The landlord will then file that form with the court on or before the entry date listed on the summons.

After receiving the summons, the tenant will have until the Answer date (typically the Monday before trial) to file an Answer Form with both the court and the landlord. This filing allows the tenant to raise defenses, make counterclaims, or dispute rent owed. Both parties will then appear in court on the scheduled hearing date to present their case.

Applicable law: M.G.L. c. 239, §§2–4, Uniform Summary Process Rule 2

4. Attend the Eviction Hearing

When the court date arrives, the landlord and tenant (or their attorneys) will appear before a judge in the appropriate Housing Court, District Court, or Boston Municipal Court (depending on where the property is located). Each side will present its case. The landlord will show the lease agreement, rent ledger, notice to quit, and other evidence supporting the claim. The tenant will have the opportunity to present defenses, submit documents, or raise issues such as unsafe conditions or improper notice.

The judge will examine all materials and may ask questions, request witness testimony, or require additional documentation. Both parties should prepare to explain their evidence clearly and respond directly to the judge’s questions. After the hearing concludes, the judge will take the case under advisement.

Applicable law: M.G.L. c. 239, §§1, 5–6, Uniform Summary Process Rule 7

5. Court Reaches a Ruling

After hearing both sides and reviewing all the evidence, the judge will issue a decision. In Massachusetts, rulings typically occur on the trial date or within a few days after. The judge’s decision will determine who holds legal possession of the rental property.

If the judge rules in the tenant’s favor, the tenant will remain in the unit, and the eviction case will end. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession and may also award unpaid rent, damages, or court costs. The tenant will have 10 days from the date of judgment to move out or file an appeal. To appeal, the tenant must file a Notice of Appeal within that 10-day window and may need to post a bond or rent payments while the appeal proceeds.

Applicable law: M.G.L. c. 239, §§5–6, Uniform Summary Process Rule 12

6. Judge Issues an Execution for Possession

Once the landlord has a Judgment for possession, they can obtain an Execution for Possession from the courts upon expiration of the 10-day appeal period. This court order authorizes a sheriff or constable to remove the tenant and return possession of the rental unit to the landlord. The execution represents the court’s final enforcement action and will only be issued after the appeal period closes or any appeal is resolved.

After receiving the execution, the landlord will contact the sheriff’s or constable’s office to schedule the move-out. The officer will then serve the tenant a 48-hour Notice to Vacate before carrying out the eviction.

Applicable law: M.G.L. c. 239, §§3–4, Uniform Summary Process Rule 12

7. Law Enforcement Executes the Execution for Possession

When the 10-day appeal period and the 48-hour notice both pass and the tenant still refuses to leave, the landlord will contact a sheriff or constable to enforce the Execution for Possession. Only these officers have legal authority in Massachusetts to remove tenants or their belongings. Landlords who change locks, shut off utilities, or retake possession on their own will violate state and federal law.

If the tenant leaves belongings behind after an eviction, the sheriff or constable will coordinate the removal and transfer of all items to a licensed public warehouse. The landlord can recover reasonable moving and storage costs, but tenants still have the right to reclaim their possessions by paying those fees. If the items remain unclaimed for 6 months, the warehouse may sell them to cover expenses.

Applicable law: M.G.L. c. 239, §§3–4, Uniform Summary Process Rule 13

Tenant Defense Against Eviction in Massachusetts

An eviction can derail a tenant’s life fast. It can damage credit, create housing barriers, and strain family stability. Still, tenants in Massachusetts have several tools to push back and protect their rights when facing eviction.

Strong organization goes a long way. Tenants should keep payment receipts, document repair requests, and communicate in writing. Requesting Housing Court mediation can help resolve disputes before trial, and applying for rental assistance can keep rent current.

When things feel too complicated to handle alone, legal aid can make a difference. Tenants can contact MassLegalHelp.org, Greater Boston Legal Services, or Massachusetts Legal Aid for free or low-cost guidance from attorneys who understand eviction law.

Timelines to Expect

In Massachusetts, an eviction can be completed in 1 to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Massachusetts eviction process outside the control of landlords for cases that go uncontested.

Step	Estimated Time
Initial Notice Period	7-30 Calendar Days
Court Issuing Summons	1 Business Day
Court Serving Summons	7-30 Business Days
Tenant Response Period	7 Business Days Before the Hearing
Court Ruling	1 Business Day
Court Serving Writ of Execution	10 Business Days
Final Notice of Eviction	48 Hours

Flowchart of the Massachusetts Eviction Process

Typical Court Fees

The total cost of an eviction in Massachusetts for all filing, court, and service fees varies heavily based upon which court the eviction lawsuit is filed in. For cases filed in District Court, the average cost is $465. For cases filed in District Court or Boston Municipal Court the average cost is $525.