Outline of the eviction process in Massachusetts

Massachusetts is one of the slowest and most procedure-heavy eviction states in the country. The court process is called summary process (M.G.L. c. 239), and since 2020 it has carried extra steps: a mandatory attestation with nonpayment notices, a two-tier court schedule with a housing specialist before any trial, and an automatic pause when a rental-assistance application is pending. A landlord who follows the sequence exactly can still expect two to four months from notice to move-out. A landlord who misses a step usually starts over.

1. Grounds and the type of tenancy

The first question in every Massachusetts eviction is what kind of tenancy you have, because it sets the notice period:

• Tenant under a written lease for a fixed term.
• Tenant at will, which includes every month-to-month tenancy and every lease that has expired and continued on the same terms.
• Tenant at sufferance, a former tenant or occupant whose right to be there has already ended.

Recognized grounds are nonpayment of rent, breach of a material lease term, a no-fault termination of a tenancy at will, expiration of a lease, and illegal activity (with an expedited path under M.G.L. c. 139, § 19 for drug or violent activity). Massachusetts has no statewide just-cause requirement, but a no-fault case still has to follow the notice rules to the letter, and the tenant can raise retaliation and discrimination as defenses in any case.

2. The notice to quit

• Nonpayment: a 14-day notice to quit (M.G.L. c. 186, § 11 and § 12). A tenant at will can cure once in any 12-month period by paying everything owed within ten days of receiving the notice; a tenant under a lease can cure at any time up to the answer date in court. The notice should state only rent, not late fees.
• Tenancy at will, no fault: written notice of at least 30 days or one full rental period, whichever is longer, ending on a rent day. A notice served mid-month that ends mid-month is defective.
• Lease violation: the lease controls. Most Massachusetts leases require a written notice of default with a cure period (seven days is common); if the lease is silent, give at least 30 days or a full rental period.
• Tenant at sufferance: no statutory notice is required, but courts expect a reasonable written demand for possession before filing.

The attestation form. Under Chapter 257 of the Acts of 2020, made permanent in 2023, every nonpayment notice to quit must be accompanied by the state's attestation form, which tells the tenant about rental assistance (RAFT) and legal resources. You must also file a copy of the attestation with the court. A nonpayment case filed without it will be dismissed. Boston, Cambridge, Somerville and a few other cities require their own notices as well; check the city's housing office before serving.

Service can be by constable or sheriff, by hand, or by mail, but you must prove the tenant received it, so most attorneys use a constable. Do not accept rent after a nonpayment notice unless it is the full amount owed and the tenant is entitled to cure; otherwise mark any payment "for use and occupancy only" in writing.

3. Filing the summary process summons and complaint

After the notice period expires, you buy a Summary Process Summons and Complaint from the court, have it served by a sheriff or constable, and file it with the court by the entry date, which is always a Monday. Service must happen at least seven days and no more than thirty days before the entry date, and the papers must be filed by the entry date or the case is void. You can file in the Housing Court, which now covers every county, or the District Court or Boston Municipal Court for the property's location; the Housing Court is the usual choice because it has the housing specialists and the most predictable calendar. Entry fees are roughly $135 in Housing Court and about $195 in District Court, plus $10 to $15 for the summons and $50 to $150 for constable service.

The RAFT pause. If the tenant has a pending application for rental assistance, the court must stay the case until the application is decided. Encourage the tenant to apply early; a paid RAFT claim (up to the program cap) is often the fastest way to recover arrears.

4. The two-tier court process

Since 2021 Massachusetts summary process runs on a two-tier schedule:

• Tier 1 is a status conference with a housing specialist, scheduled 30 to 60 days after the entry date. Both sides must attend. The specialist explores rental assistance, mediation and a payment or move-out agreement. Agreements reached here are entered as court orders and can be enforced by execution if broken, which is why an "agreement for judgment" with a firm move-out date is often a better outcome than a trial.
• Tier 2 is the trial, usually set about two weeks after Tier 1 if the case does not resolve.

The tenant's answer is due three business days before the Tier 1 event. Tenants may also serve discovery, which automatically postpones the schedule by about two weeks and requires you to produce the lease, ledger, security deposit records, code-inspection reports and similar documents. Expect discovery in any case where the tenant has a lawyer.

5. Trial, judgment and appeal

Trial is before a judge (either side can demand a jury). You will need the notice to quit and proof of service, the attestation, the lease, a rent ledger, and any photographs or inspection reports. The common defenses are a defective or miscounted notice, acceptance of rent after the notice, retaliation, discrimination, and breach of the warranty of habitability or the security deposit law, which can produce a counterclaim larger than the arrears. Judgment for possession enters after trial, and the tenant then has ten days to appeal or to file a motion to stay.

6. Execution and the move-out

You cannot request the execution until the ten-day appeal period has run, and once issued it is valid for three months. A sheriff or constable serves the execution and must give the tenant at least 48 hours' written notice of the move-out date and time. On that date the officer removes the occupants and a licensed, bonded and insured mover hired by the landlord moves the tenant's belongings to a licensed public warehouse, where they are held for up to six months at the tenant's expense. Expect to pay the mover ($1,000 or more), the officer ($150 to $300) and the first month of storage up front. A tenant can also ask the court for a discretionary stay of execution of up to six months (twelve months for tenants who are 60 or older or disabled) in no-fault cases, conditioned on paying use and occupancy.

Changing the locks, removing doors or shutting off utilities without an execution is a crime in Massachusetts and creates liability for treble damages. Let the officer and mover do it.

Typical timeline

Step	Typical time
Notice to quit	14 days (nonpayment) or 30 days to a rent day (no fault)
Service to entry date	7 to 30 days
Entry date to Tier 1	30 to 60 days
Tier 1 to trial	about 2 weeks (plus 2 weeks if discovery)
Appeal period	10 days
Execution to move-out	1 to 3 weeks plus 48 hours

An uncontested nonpayment case typically takes ten to sixteen weeks from notice to a completed move-out. A contested case with discovery, a RAFT pause or a stay can take six months or more.

Recent law changes landlords should know

• Eviction record sealing (effective May 5, 2025). Under M.G.L. c. 239, § 16, tenants can petition to seal no-fault cases immediately after they end, nonpayment cases after four years, and fault cases after seven years; cases that were dismissed or decided for the tenant can be sealed right away. Landlords get seven days' notice to object. Landlords may not ask applicants about sealed records, and screening reports will show fewer eviction filings over time.
• Chapter 257 protections are permanent. The attestation requirement and the RAFT pause, both originally pandemic measures, are now permanent parts of the process.
• Broker fees. Since August 2025 the party who hires a broker pays the fee, so a landlord who uses a listing agent can no longer pass that cost to the incoming tenant.

When to bring in an attorney

Massachusetts is a state where a lawyer pays for itself in most contested cases. The notice rules, the attestation, the entry-date math and the two-tier schedule each offer a way to lose months, and tenant-side legal aid is active in every Housing Court. Hire counsel when the tenant has a lawyer, when there is a security deposit or habitability issue that could become a counterclaim, when the tenant is elderly or disabled, when the property is in Boston, Cambridge or Somerville, or when the case involves a subsidy. The Massachusetts attorneys listed below represent landlords in the Housing Courts and most will handle an uncontested nonpayment case for a flat fee.

Sources

• M.G.L. c. 186 (Estates for Years and at Will), especially §§ 11, 12, 14, 15B; M.G.L. c. 239 (Summary Process), especially §§ 1 to 9 and § 16; M.G.L. c. 139, § 19.
• Chapter 257 of the Acts of 2020, as extended; Chapter 150 of the Acts of 2024 (Affordable Homes Act), § 52.
• Massachusetts Trial Court, Housing Court Department, Standing Orders on summary process and the two-tier process; mass.gov eviction and RAFT guidance.