Massachusetts Evictions: Everything Landlords + Tenants Need to Know [UPDATED 2022]
Eviction in Massachusetts is something that neither landlords or tenants want to deal with, but it is not always avoidable. If you’re either a tenant dealing with a landlord who is trying to evict you, or a landlord with a tenant that you need to evict, it can be a difficult path to navigate. If you’re facing this challenging process, here are a few items about Massachusetts eviction laws and policies that might be helpful.
Massachusetts eviction laws:
Massachusetts has robust eviction laws that err on the side of tenant protection and take both landlord and tenant through a thorough legal process before eviction is finalized:
The landlord issues a 7-, 14-, or 30-day Notice to Quit, depending on the reason for eviction and the terms of the lease. This formally notifies the tenant that their tenancy will end on a specific date.
If that date arrives and the tenant is still occupying the residence, the landlord can issue a Summary Process Summons and Complaint, which notifies the tenant that their eviction will be processed through the court system.
The landlord can file eviction papers in court on a Monday 7-30 days after issuing this summons, officially starting the legal process.
At this point, the eviction goes to trial after any discovery and/or mediation periods, unless mediation successfully ends in a negotiated settlement.
If the eviction is upheld in trial, the tenant has 10 days to appeal, which depending on the facts of the case might end with the eviction being upheld, dismissed, or postponed.
If the court upholds eviction, the landlord files a Motion for Issuance of Execution, which, if granted, allows the landlord to issue the tenant a 48 Hour Notice to vacate.
If the tenant is still occupying the residence after this 48 hours expires, the landlord will arrive with a moving company and a sheriff or constable to carry out the eviction.
Massachusetts COVID-19 eviction moratorium
The dangers of the COVID-19 pandemic prompted a Massachusetts eviction moratorium. This moratorium ended on March 31, 2022.
Reasons why a tenant can be evicted
Tenants can be evicted for a variety of reasons depending on the terms of their lease. The most common reasons for eviction are non-payment of rent, although any lease violation may be grounds for eviction, especially drugs, gun use, or other illegal activities. Tenants without a lease are at risk for no fault eviction, since they can be evicted for any reason. However, the eviction process is the same whether tenants have a lease or not.
What are the reasons why a tenant can’t be evicted?
There are strong Massachusetts tenants rights; eviction is illegal under these circumstances:
Utility shutouts and lockouts without a court’s permission
Retaliation for certain actions protected by law, such as reporting the landlord for health violations or joining a tenants union
Discrimination based on certain protected classes such as marital status and age, as well as for receiving public assistance and sexual harrassment
How much does it cost to evict a tenant?
Eviction is a more expensive process for landlords than tenants. For a successful eviction that goes through the full court process:
Landlords could pay around $3000 for court fees, lawyer fees, and moving costs, in addition to lost rent potentially amounting to several months and lost time.
Tenants will be ordered to repay the landlord up to $260 for the filing fee and cost of hiring a sheriff or constable to serve the summons.
Eviction resources for tenants
There are a lot of great resources for tenants who are facing eviction in Massachusetts:
Emergency Housing Assistance Programs for financial assistance and emergency shelter
Massachusetts Defense for Eviction (MADE): self-guided eviction help, a completely free online service offered by Greater Boston Legal Services to assist tenants in filing the necessary forms
The Massachusetts Legal Resource Finder is a useful tool that can help tenants identify legal aid groups and government programs that may be able to assist for low or no cost
MassLegalHelp.org is an excellent resource to make tenants aware of any possible legal defenses and counterclaims that tenants may be able to leverage in order to avoid eviction, such as bad housing conditions, the Eviction Timeline to know how long it takes to convict a tenant in Massachusetts, and the Eviction Storage Law which says their belongings must be stored at a location of their choosing.
More eviction resources:
The best place to start when dealing with eviction in Massachusetts is the state website:
And here are some free Massachusetts Eviction Notices.
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