Outline of the Eviction Process in Massachusetts

1. Grounds for Eviction

• Legal reasons required for eviction:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized occupants, property damage).
  • Illegal activity (e.g., drug-related conduct).
  • End of lease term (fixed-term or tenancy-at-will).
  • No-fault eviction (e.g., landlord plans to sell or occupy property).
• Relevant Law: M.G.L. c. 186, c. 239.

2. Notice to Quit

• Landlord issues a written Notice to Quit:
  • Non-payment of rent: 14-day notice.
  • Lease violation: 7-day notice to cure (if curable) or 30-day notice to vacate.
  • Tenancy-at-will: 30-day notice (or one rental period).
  • No-fault/end of lease: 30-day or 90-day notice (varies by tenancy).
• Delivery: Hand-delivered, certified mail, or posted with follow-up mail.
• Tenant Options: Pay rent owed or correct violation to avoid eviction.

3. Filing the Eviction Case

• Landlord files a Summary Process case in court:
  • Courts: District Court, Housing Court, or Boston Municipal Court.
  • Documents: Summons and Complaint, Notice to Quit, lease (if applicable).
  • Filing Fee: Approximately $135 (subject to change).
• Timing: After notice period expires.

4. Serving the Summons and Complaint

• Sheriff or constable serves court papers to tenant:
  • Served 7–30 days before hearing.
  • Includes hearing date and deadline to file an answer.
• Tenant Response: Must file an answer by Monday before hearing to contest.

5. Court Hearing

• Hearing held (typically 10–14 days after filing):
  • Landlord presents evidence (e.g., unpaid rent, lease violation).
  • Tenant may raise defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes:
  • Eviction granted (landlord wins).
  • Case dismissed (tenant wins).
  • Agreement (e.g., payment plan).

6. Judgment and Execution

• If landlord wins, court issues Judgment for Possession:
  • Tenant has 10 days to appeal.
  • Landlord requests Execution (eviction order) after 10 days.
  • Sheriff serves 48-hour notice to vacate.
• Timeline: Execution issued ~10–14 days after judgment.

7. Physical Eviction

• If tenant remains, sheriff or constable removes tenant:
  • Landlord hires bonded mover to store tenant’s belongings (up to 6 months).
  • Tenant can reclaim property by paying storage costs.
• Relevant Law: M.G.L. c. 239, § 4.

8. Tenant Protections

• Key Rights:
  • Right to cure (pay rent or fix violation).
  • Habitability defenses (e.g., unsafe conditions).
  • Anti-discrimination protections (e.g., race, disability).
• Resources:
  • Legal aid: Greater Boston Legal Services (617-371-1234), MassLegalHelp.org.
  • Tenant advocacy: Mass.gov housing resources.

Notes

• Disclaimer: This is a general guide. Consult a lawyer for specific legal advice.
• Sources: M.G.L. c. 186, c. 239; Mass.gov; MassLegalHelp.org.