Massachusetts 14 Day Notice to Quit

The Massachusetts 14-Day Eviction Notice to Quit is a document used to evict a tenant for non-payment of rent. It provides the tenant 14 calendar days to pay the full unpaid balance.  Through March 31st 2023, this notice must be accompanied by an attestation form upon delivery.

Additional Requirements in Massachusetts

1. Through March 31, 2023, one of the following is required in order to proceed with an eviction for nonpayment of rent in Massachusetts:

  • The tenant is in violation of their lease for more than just nonpayment of rent.
  • The landlord can show all other options have been exhausted to resolve a nonpayment of rent situation.

2. Massachusetts law (St. 2020, c. 257 and amended by St. 2021, c. 20 and St. 2022, c. 42) requires a landlord giving a notice to quit for nonpayment of rent to also provide the tenant an Attestation Form with certain information at the same time. This requirement will apply from the effective date of the law, December 31, 2020, until March 31, 2023.

3. Landlords must complete an Affidavit form swearing that the tenant received the Attestation Form.

4. Until March 31, 2023,  the landlord is required to submit the Notice to Quit to the Department of Housing and Economic Development, which can done electronically on their website.

How to Write a Massachusetts 14 Day Notice to Quit

The following items must be included on a Massachusetts 14 Day Notice to Quit in order to be legally compliant:

  • The names of all adult tenants in the household (not including minors).
  • The complete address of the premises.
  • The reason for the eviction and the amount owed (including interest if 30+ days late).
  • The date the rent balance due must be received by.
  • The landlord’s name and signature.

How to Serve Eviction Notices in Massachusetts

In Massachusetts, eviction notices may only be served on weekdays.

It’s recommended to hire a constable or sheriff to deliver the notice for you (usually ~$40) in order to have clear proof of delivery. However, you can deliver the notice yourself through any of the following methods:

  1. Deliver the notice to the tenant in person.
  2. Post the notice in a conspicuous place at the premises and (if possible) leave a copy of the notice with the tenants spouse.
  3. Send the notice by first class mail with a certificate of mailing.

If using one of the above methods, you should keep a copy and complete a certificate of service to show evidence of the notice’s delivery.

Next Steps in Massachusetts Eviction Process

If the tenant decides to pay the amount owed in full, the eviction process stops here. If the tenant wishes to make partial payments, it’s OK to accept but it’s important to make note that back rent is still owed and to keep careful records of all payments/receipts.

If the notice period passes with any amount owed still unpaid (now the 15th day after providing notice), you can proceed with the next steps in the eviction process:

  • Hire the constable to serve the tenant with a Summary Process Summons and Complaint (~$140).
  • File the lawsuit with the court. It must be filed on a Monday between 7 and 30 days after the delivery of the summons and complaint.
  • If the tenant did not call for discovery, attend the court trial, which is usually set ~2 weeks later.

Other Eviction Notices in Massachusetts

Grounds Notice Period  Chance to Fix?
Drugs, Criminal or Illegal Activity 7 Days No
Non-Compliance or Lease Violation 7 Days Yes
Lease Termination (Tenancy – Any length or at will tenants) 30 Days No