How to Evict a Tenant in Massachusetts (2026)
The legal steps for landlords in Massachusetts — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Massachusetts a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case. Source: G.L. c. 186, §§ 11, 12, 31 |
|---|---|
| Lease violation | No single statutory period. Tenancy at will: the landlord generally ends it with a written notice to quit of at least 30 days (or one rental period, if longer) that expires at the end of a rental period, stating the lease violation as the reason. Unexpired lease: the lease itself controls the grounds for termination and the notice required. |
| Ending a month-to-month tenancy (no fault) | Either landlord or tenant may end a tenancy at will with written notice. When rent is paid monthly (or more often than every three months), the notice must equal the interval between rent days or 30 days, whichever is longer, and in practice must expire at the end of a rental period. The default is 3 months' notice when rent is paid less often. The same notice period applies to both parties. Source: G.L. c. 186, § 12 |
Local rent-control or just-cause rules can limit evictions: Banned statewide by state law, and the ban is still in force. 'No city or town may enact, maintain or enforce rent control of any kind,' except a narrow program in a municipality that accepts c. 40P. Owner compliance with that program must be voluntary after 6 months, it cannot cover owners of fewer than 10 units or units with a fair market rent above $400, and the town must pay owners the difference from general funds. There is no statewide cap on rent increases. Rent control is NOT on the November 3, 2026 state ballot. The Secretary of the Commonwealth lists nine binding statewide questions (Questions 1-8 are initiative laws and Question 9 is a referendum on the 2024 firearms law), and none of them deals with rent control or rent stabilization. The rent-control initiative (Initiative Petition 25-21, 'An Initiative Petition to Protect Tenants by Limiting Rent Increases') was challenged at the Supreme Judicial Court in Cella v. Attorney General, SJC-13893.
Step 2: Write and deliver the notice correctly
| What the notice must say | A 14-day written notice to quit. Tenancy at will: the notice must contain this text word for word: "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." If it is missing, the tenant's time to cure extends to the date the answer is due; the notice is not otherwise invalid. Written lease: a 14-day notice ends the lease unless the tenant pays all rent due, with interest and costs, by the answer date. Delays in government payments trigger a continuance of at least 7 days. Source: G.L. c. 186, §§ 11, 12 |
|---|---|
| How it must be delivered | Notices to quit must be in writing. No statute sets a delivery method (personal delivery, mail and constable service are common in practice), and none addresses email or text. Notice periods run from when the tenant actually receives the notice. Source: M.G.L. c. 186, §§ 11, 12, 13 |
Notice forms:
- Massachusetts notice to pay rent or quit — requirements and free draft
- Massachusetts notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Massachusetts are heard in: Housing Court (6 divisions: Central, Eastern, Metro South, Northeast, Southeast, Western, which together cover every city and town under G.L. c. 185C, § 1) or District Court / Boston Municipal Court; any party may transfer a pending eviction to the Housing Court before trial..
- Notice to quit: 14 days for nonpayment, which must be accompanied by the EOHLC rental-assistance form (G.L. c. 186, § 31); otherwise generally 30 days or one rental period for a tenancy at will, or as the lease provides.
- After the notice expires, the landlord buys a Summary Process Summons and Complaint and has a sheriff or constable serve it on the tenant 7 to 30 days before the chosen Monday entry day.
- The landlord files (enters) the case by close of business on the Monday entry day, with the served summons and complaint, the notice to quit, and the fee.
- The tenant files an Answer (defenses, counterclaims, discovery requests) by the first Monday after the entry day. The trial is listed for the second Thursday after entry (or another designated day). Housing Court cases usually start with mediation.
- Judgment by agreement, bench trial, or jury trial. Nonpayment cases are continued and stayed while a tenant with financial hardship has a pending emergency rental assistance (RAFT) application (G.L. c. 239, § 15).
- Execution issues after the 10-day appeal period. The court may grant a stay of up to 6 months (up to 1 year for elderly or disabled tenants) in qualifying cases. The landlord has 3 months to use the execution.
- A sheriff or constable gives at least 2 days' written notice (excluding weekends and holidays), then removes the tenant on a weekday between 9 a.m. and 5 p.m. Belongings go to a licensed storage facility.
Court timing: Answer due the first Monday after the Monday entry day (Uniform Summary Process Rule 3). The trial is listed for the second Thursday after the entry day (Rule 2(c)). Rule provisions that conflict with Housing Court, District Court, or BMC standing orders are suspended (Trial Court Administrative Order 21-2), so the dates on the summons control.
Source: G.L. c. 239; Uniform Summary Process Rules 2-3; G.L. c. 239, § 15
How long it takes to evict a tenant in Massachusetts
For unpaid rent, the notice period is 14 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Massachusetts
Court filing and service fees are set locally. Verified fees in the largest Massachusetts counties:
| County | Filing and service fees |
|---|---|
| Middlesex County (Cambridge / Lowell) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
| Suffolk County (Boston) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
| Worcester County (Worcester) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
| Essex County (Lynn / Lawrence) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
| Norfolk County (Quincy) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
| Bristol County (New Bedford / Fall River) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
| Hampden County (Springfield) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
| Plymouth County (Brockton, Plymouth) | $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee. |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either landlord or tenant may end a tenancy at will with written notice. When rent is paid monthly (or more often than every three months), the notice must equal the interval between rent days or 30 days, whichever is longer, and in practice must expire at the end of a rental period. The default is 3 months' notice when rent is paid less often. The same notice period applies to both parties. Source: G.L. c. 186, § 12 |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | No special squatter or affidavit statute. The owner recovers possession through a summary process (eviction) case in court. G.L. c. 239, § 1 allows it against anyone who made a forcible entry, or who entered peaceably but holds possession unlawfully by force, among other grounds. Removal is carried out by an officer serving the execution. Removed property must be stored under c. 239, § 4. Source: G.L. c. 239, §§ 1, 4 |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Illegal. A landlord who willfully fails to provide required utilities or services (heat, hot water, water, light, power, gas, elevator); interferes with them; shifts utility costs to the tenant without consent; interferes with quiet enjoyment; or tries to regain possession by force without court process faces: a criminal fine of $25-$300 or up to 6 months' imprisonment; and civil liability for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees. A tenant removed or excluded without a valid court order may get back into the unit or end the lease, and may recover 3 months' rent or 3x actual damages, plus costs and attorney's fees. Source: G.L. c. 186, §§ 14, 15F |
|---|---|
| Retaliation | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. Source: G.L. c. 186, § 18 |
| Accepting rent after the notice | No statute addresses whether accepting rent after a notice to quit waives it; that is left to case law (landlords commonly accept money 'for use and occupancy only'). By statute, a tenant under a written lease who gets a 14-day nonpayment notice can stop the termination by paying all rent due plus interest and costs by the day the answer is due in the eviction case. A tenant at will who hasn't had a nonpayment notice in the prior 12 months can cure by paying in full within 10 days of receiving the notice. The notice must explain this right, or the cure deadline extends to the answer date. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Massachusetts eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Massachusetts?
14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case.
How much does it cost to evict a tenant in Massachusetts?
Court fees are set locally — for example, Middlesex County (Cambridge / Lowell): $135 entry fee for a summary process (eviction) case in Housing Court ($120 + $15 surcharge); blank summons $5. eFiled cases also pay the eFiling provider's fee.
Can a landlord change the locks to evict a tenant in Massachusetts?
Illegal. A landlord who willfully fails to provide required utilities or services (heat, hot water, water, light, power, gas, elevator); interferes with them; shifts utility costs to the tenant without consent; interferes with quiet enjoyment; or tries to regain possession by force without court process faces: a criminal fine of $25-$300 or up to 6 months' imprisonment; and civil liability for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees. A tenant removed or excluded without a valid court order may get back into the unit or end the lease, and may recover 3 months' rent or 3x actual damages, plus costs and attorney's fees.
How do you evict a tenant without a lease in Massachusetts?
Either landlord or tenant may end a tenancy at will with written notice. When rent is paid monthly (or more often than every three months), the notice must equal the interval between rent days or 30 days, whichever is longer, and in practice must expire at the end of a rental period. The default is 3 months' notice when rent is paid less often. The same notice period applies to both parties.
← All Massachusetts landlord-tenant rules · Notice deadline calculator
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.