By Type
Pay or Quit – Sent when rent has not been paid. It serves as a required step before an eviction case can move forward.
Cure or Quit – Used for lease violations that may be corrected. The tenant is given notice and an opportunity to fix the issue.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month rental arrangement with advance notice. The tenant is expected to vacate by the stated date.
Notice to Quit for Illegal Activity – Applies to criminal or dangerous conduct tied to the rental. It often does not allow the tenant to cure the issue.
Eviction Laws
Notice periods vary by the reason for eviction. While some timelines are clearly defined by statute, others reflect common practice supported by case law.
- Non-Payment of Rent: 14-day notice.[1]
- Lease Non-Compliance: 30 days (common practice; no express statutory minimum).
- Illegal Activity: 30-day notice.[2]
- Termination of Month-to-Month Tenancy: 30-day notice.[3]
- Eviction Filing Type: Termination of tenancy or lease (summary process).[4]
Notices must be properly delivered and documented, as a lack of proof can be a defense for the tenant.
Prohibited Landlord Actions
- Utility Shutoff – It is illegal for a landlord to attempt to regain possession of a rental unit by shutting off utilities or essential services.[5]
- Changing the Locks – A landlord may not change locks or deny access by force or intimidation outside of the court process.[5]
Violations of these rules can result in tenant damages and dismissal of an eviction case.
How to Evict a Tenant in Massachusetts (Step-by-Step)
Step 1: Deliver the Eviction Notice
The landlord must first deliver the appropriate Notice to Quit and keep proof of delivery. Common notices include:
- 14-Day Notice to Quit – Non-payment of rent
- 30-Day Notice to Quit – Month-to-month termination
- 30-Day Notice to Quit – Lease non-compliance
Step 2: Obtain a Summons and Complaint
If the tenant does not comply, the landlord must go to the local court where the property is located to obtain a Summons and Complaint. A $5 filing fee is required at submission.[6]
Step 3: File and Serve the Tenant
The landlord must serve the tenant according to Rule 4(d) and then file proof of service with the court. The tenant may file a Summary Process Answer Form no later than the first Monday after the entry day.
Step 4: Conduct Discovery (If Needed)
Either party may file Discovery before the hearing—no later than the first Monday after the entry day—to review documents that may be presented in court.
Step 5: Obtain Execution and Enforce Eviction
If the tenant fails to answer or the landlord prevails, the landlord may request an execution 11 days after judgment. The sheriff or constable then serves the execution, giving the tenant 48 hours to vacate before removal.
Court Forms & Resources
- Summons and Complaint (Sample) – Filed by the landlord after notice has expired to formally start the eviction. This form is issued by the court.
- Summary Process Answer Form – Allows the tenant to contest the eviction after being served.
- Discovery – Used by either party to request documents and evidence before the hearing.