Massachusetts Eviction (Summary Process) Timeline and Legal Costs for Landlords
Evicting a tenant in Massachusetts, known as Summary Process, requires strict adherence to statutory timelines and notices. An uncontested eviction typically takes 2 to 4 months, while a contested case can take over a year.
Owning rental property can be a lucrative investment, but dealing with a tenant who refuses to pay rent or violates the lease is incredibly stressful. In this state, the legal procedure to remove a tenant is formally called Summary Process. The laws here heavily favor tenant protections, meaning a single paperwork error by a landlord can force the entire process to start over from scratch. To ensure you navigate this minefield correctly, you can use our United States lawyer directory to hire a local landlord-tenant attorney.
Step 1: Serving the Proper Notice to Quit
You cannot simply file a lawsuit because you want a tenant out. You must first legally terminate their tenancy by serving a written Notice to Quit. The type of notice depends entirely on the reason for the eviction.
14-Day Notice to Quit (Non-Payment of Rent)
If your tenant falls behind on rent, you must serve them a 14-Day Notice to Quit. However, the statutory right to "cure" the nonpayment differs significantly depending on the tenancy type. Under Mass. Gen. Laws ch. 186, § 11, a tenant under a written lease who has not received a notice to quit within the prior 12 months has the right to cure the default by paying the full rent owed on or before the formal court Answer date, which occurs well after the initial 14 days. Conversely, for a tenant at will (month-to-month without a written lease), Mass. Gen. Laws ch. 186, § 12 provides a 10-day window from receipt of the notice to pay the full arrears, provided no prior notice was served within the past 12 months.
Crucially, under Mass. Gen. Laws ch. 186, § 31, any notice to quit for nonpayment served on a residential tenant must be accompanied by the state-mandated form detailing available rental assistance programs (such as RAFT), court rules, and tenant protections. If a landlord fails to serve this required accompanying form, the court will refuse to enter judgment in the landlord's favor.
30-Day Notice (No-Cause or Lease Violation)
For tenants on a month-to-month lease, you can end the tenancy without giving a specific reason by serving a 30-Day Notice to Quit (or a notice equal to the rental period) under Mass. Gen. Laws ch. 186, § 12. This is also the standard notice used if a tenant has committed a material breach of the lease, such as keeping unauthorized pets or causing severe noise disturbances. You cannot use a no-cause notice in retaliation for a tenant reporting health code violations.
Step 2: Filing the Summary Process Summons and Complaint
If the notice period expires and the tenant has not vacated the property, you must initiate the formal lawsuit. You or your attorney will complete Form Summary Process, Massachusetts, Housing Court, Summary Process Summons and Complaint. You must file this paperwork at the appropriate court, such as the Eastern Housing Court, Boston, the Central Housing Court, Worcester, or the Western Housing Court, Springfield.
Before you can file the complaint with the court, it must be officially served to the tenant. You cannot hand it to them yourself. You must hire a sheriff or a local constable to serve the summons, which gives the tenant a specific deadline to file an Answer and informs them of the court hearing date.
Step 3: The Court Hearing and Execution
On the court date, both parties will appear before a judge or a mediator. If the tenant has raised counterclaims (like sanitary code violations), the case can be delayed significantly. The complexities of the eviction timeline were heavily detailed in the landmark precedent Adjartey v. Central Division of the Housing Court Department, 481 Mass. 830 (MA Supreme Judicial Court 2019), which serves as a guide for how strictly courts interpret the procedural rights of tenants. If the judge rules in your favor, they will issue a judgment. Ten days after the judgment, you can request an "Execution," which is the official court order allowing the physical removal of the tenant.
A Strict Warning Against Illegal Lockouts
Under no circumstances can a landlord change the locks, shut off the electricity, or remove a tenant's belongings without an official Execution signed by a judge. This is known as a "self-help" eviction. State law makes this a serious crime. If you attempt an illegal lockout, the tenant can sue you for three months' rent, plus attorney fees, and a judge will immediately force you to let the tenant back inside.
Legal Costs for Landlords
Evicting a tenant requires an upfront financial investment. Below is a breakdown of the typical costs you will encounter during a standard Summary Process case.
| Court Filing Fees | $135 for Housing Court; up to $195 for District Court |
| Constable / Sheriff Service Fees | $40 to $80 per document served |
| Physical Eviction Enforcement (Movers/Storage) | $500 to $2,000+ depending on the volume of property |
| Average Attorney Fees | $1,500 to $3,500 for an uncontested case; higher if litigated |
Frequently Asked Questions (FAQ)
How long does the entire eviction process take?
If the tenant does not fight the eviction, it generally takes 2 to 4 months from the notice to the physical move-out. If they demand a jury trial or raise counterclaims, it can take 6 months to a year.
Can I text the 14-Day Notice to my tenant?
No. Text messages and emails are not legally valid methods of serving a Notice to Quit. It must be physically served or sent via certified mail.
What happens if the tenant files for bankruptcy during the eviction?
If the tenant files for Chapter 7 or Chapter 13 bankruptcy, an automatic stay goes into effect. You must pause the eviction and hire a lawyer to petition the federal bankruptcy court to lift the stay before you can proceed.
Do I have to pay for the tenant's belongings to be put in storage?
Yes. If the constable physically evicts the tenant, the landlord must initially cover the cost of a licensed mover and secure storage for the tenant's property for up to six months, though you can sue the tenant later to recover these costs.
Can a tenant delay the physical eviction if they have nowhere to go?
Yes. Under state law, a judge can grant a "stay of execution" for up to six months (or up to a year for elderly or disabled tenants) to give them more time to find housing, provided they continue paying rent.
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