Massachusetts Eviction Notice Forms

A Massachusetts eviction notice form for nonpayment of rent is a written document that states a tenant has 14 days [2] to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Massachusetts.

Types of Massachusetts Eviction Notices

Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.

14-Day Notice to Quit (Nonpayment of Rent)

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Massachusetts law, rent is considered late the day after it’s due; however, landlords are not allowed to assess a late fee or charge interest on the unpaid rent until 30 days [1] after the rent is due.

Once rent is past due, the landlord must provide a 14-Day Notice to Quit if the landlord wants to file an eviction action with the court. This notice gives the tenant 14 days [2] to move out to avoid eviction.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

However, if the tenant pays all past-due rent in full prior to the eviction hearing, the eviction process will be stopped.

The Eviction Notice for Nonpayment of Rent should include the following for at-will tenants: [3]

“If you have not received a notice to quit for nonpayment of rent within the last twelve months, you have a right to prevent termination of your tenancy by paying or tendering to your landlord, your landlord’s attorney or the person to whom you customarily pay your rent the full amount of rent due within ten days after your receipt of this notice.”

Get the downloadable 14-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).

7-Day Notice to Quit (Non-Compliance)

A tenant can be evicted in Massachusetts if they do not uphold their responsibilities under the terms of a written lease or rental agreement.

Massachusetts landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide at-will tenants who pay rent on a weekly or daily basis with a 7-Day Notice to Quit, giving tenants 7 days [4] to move out of the rental unit.

Massachusetts law doesn’t specify how much notice (if any) must be given for tenants with unexpired written leases who violate their lease or rental agreement.

Typical lease violations under this category could include things like damaging the rental property, having too many people reside in the rental unit, and having a pet when there’s a no-pet policy.

Note that illegal activity is not included in this category.

If the tenant remains on the property after the notice period (if any) expires, the landlord may continue with the eviction process.

The notice should include the date the tenancy will terminate.

Get the downloadable 7-Day Eviction Notice for Noncompliance form template below (.pdf direct link).

30-Day Lease Termination Notice (No Lease/End of Lease)

In the state of Massachusetts, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

Regardless of the length or type of tenancy, at-will tenants must be given 30 days’ [5] written notice prior to beginning an eviction action.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include the date the tenancy will terminate.

Get the downloadable 30-Day Lease Termination Notice form template below (.pdf direct link).

7-Day Notice to Quit (Illegal Activity)

If tenants (or members of their household) are involved in illegal activity, then the lease is considered void, and landlords may proceed with an eviction.

It should be noted that Massachusetts law doesn’t specify how much written notice (if any) is required prior to evicting tenants who are not considered at-will in these instances.

Landlords of at-will tenants who pay rent on a daily or weekly basis must give them at least 7 days’ [4] written notice prior to beginning an eviction action for illegal activity.

In Massachusetts, illegal activity includes: [6]

• Prostitution
• Illegal gaming
• Illegal keeping or sale of alcohol
• Illegal possession/sale/manufacture of controlled substances
• Illegal possession of a weapon
• Possession/use of an explosive/incendiary device
• A crime that involves the threat/use of force or violence

If the tenant remains on the property after the notice period expires (if any), the landlord may proceed with the eviction process.

The eviction notice should include the date the tenancy will terminate.

Get the downloadable 7-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).

What to Include in Massachusetts Eviction Notices

Massachusetts state law doesn’t specify what information must be included on all eviction notices; however, it’s always wise to include:

• The date the tenancy will terminate;
• The reason for the eviction; and
• The tenant’s name and contact information.

The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.

Delivering Eviction Notices in Massachusetts

Massachusetts state law doesn’t specify how the eviction notice must be served on the tenant; however, it’s a good idea to give the notice to the tenant in person whenever possible.

Eviction Process in Massachusetts

1. An eviction notice is posted by the landlord to vacate or “cure” the issue.
2. If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
3. Hearing is held and judgment issued.
4. If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
5. Finally, the sheriff returns possession of the property to the landlord.

To learn more about the eviction process in Massachusetts, click here.