🦞 Massachusetts Eviction Notice Laws
Complete Landlord Guide to Massachusetts Eviction Requirements
📋 Updated for • M.G.L. c. 186 CompliantLast reviewed: January
Massachusetts is one of the most tenant-protective states in the nation. The Commonwealth requires specific notice procedures, uses a formal “summary process” court system, and provides tenants with numerous defenses. Evictions typically take 2-4 months. This guide covers all requirements including Boston’s additional protections.
📑 Table of Contents
📝 Massachusetts Eviction Notice Types
Massachusetts uses a formal “Notice to Quit” system. The type and length of notice depends on the reason for eviction and whether the tenant has a lease or is a tenant at will. Massachusetts does NOT use “pay or quit” notices—the notice terminates the tenancy, and the tenant must pay in full or leave.
14-Day Notice to Quit (Non-Payment)
M.G.L. c. 186, § 11
For non-payment of rent, Massachusetts requires a 14-day Notice to Quit. This notice informs the tenant that their tenancy will terminate in 14 days if rent is not paid in full.
Important: Unlike many states, Massachusetts does NOT require the notice to give the tenant a choice to “pay or quit.” The 14-day notice terminates the tenancy. However, tenants can cure by paying rent owed before the summary process case is filed in some circumstances.
Requirements:
- ✅ Must be in writing
- ✅ Must specify the amount of rent owed
- ✅ Must state that tenancy terminates in 14 days
- ✅ Must be properly served
Massachusetts tenants generally have a right to cure (pay the rent owed) once per 12-month period before the summary process case proceeds. If the tenant pays before the answer date, the case may be dismissed.
30-Day / Rental Period Notice (Tenancy at Will)
M.G.L. c. 186, § 12
For tenants at will (no lease or expired lease), either party can terminate the tenancy with notice equal to one full rental period or 30 days, whichever is longer.
The notice must be given before the start of the rental period. For example, if rent is due on the 1st, notice given on January 15th would terminate the tenancy on March 1st (end of February).
📄 Get Free 30-Day Notice FormNotice for Lease Violations
Per Lease Terms
For lease violations, the notice period typically depends on what the lease states. Many leases require 7-30 days’ notice with an opportunity to cure. If the lease is silent, consult an attorney.
Massachusetts courts generally require landlords to give tenants a reasonable opportunity to cure before terminating for violations (other than non-payment).
📄 Get Free Lease Violation NoticeImmediate Notice (Serious Violations)
M.G.L. c. 139, § 19
For certain serious violations, Massachusetts allows expedited proceedings:
- 🔴 Illegal drug activity (nuisance)
- 🔴 Use of premises for illegal purposes
- 🔴 Violence or threats affecting safety
These cases may be handled under the “nuisance” statute with expedited court procedures.
📬 How to Properly Serve Notice to Quit in Massachusetts
Massachusetts has specific service requirements. Improper service is a common reason for dismissal.
Personal Service (Preferred)
Hand-deliver the notice directly to the tenant. Keep detailed records of date, time, and circumstances.
Service at Last and Usual Place of Abode
Leave the notice at the tenant’s residence with a person of suitable age and discretion.
Certified and First-Class Mail
Send via both certified mail (return receipt requested) AND regular first-class mail. The notice period begins when mailed.
You must be able to prove service in court. Keep copies of all notices, certified mail receipts, and detailed notes. Consider using a constable or sheriff for formal service.
⚖️ The Massachusetts Summary Process
Massachusetts evictions go through “summary process” in Housing Court or District Court. The process has strict procedural requirements.
Notice to Quit Expires
Wait until the full notice period has passed. Do not file early.
File Summary Process Summons and Complaint
File in Housing Court or District Court. Filing fees are approximately $195-$220. The complaint must be filed on specific “entry days” (typically Mondays).
Summons Served on Tenant
A constable or sheriff must serve the summons at least 7 days before the entry date. The tenant then has until the “answer date” to respond.
Answer Date / Discovery
The tenant may file an answer raising defenses. Discovery period follows. Mediation may be offered.
Trial
If not resolved, a trial is scheduled. Both parties present evidence. Massachusetts judges carefully scrutinize eviction cases.
Judgment for Possession
If you win, the court enters judgment. There’s a 10-day appeal period. The tenant may also request a “stay” of execution.
Execution (Eviction)
After appeals/stays, request an execution. A constable or sheriff schedules the physical eviction (typically 48 hours notice).
⏱️ Massachusetts Eviction Timeline
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice to Quit | 14-30+ days | 14 days non-payment; 30+ days at will |
| 📋 File summary process | 1-7 days | Must file on entry day |
| 📬 Service on tenant | 7+ days | Before entry date |
| ⚖️ Answer/Discovery | 14-30 days | Tenant files defenses |
| 🏛️ Trial | 14-45 days | After discovery |
| ⏳ Appeal period | 10 days | May request stay |
| 📜 Execution | 48+ hours | Constable schedules |
Total Realistic Timeline: Massachusetts evictions typically take 2-4 months from notice to physical eviction. Contested cases with appeals can take 4-6+ months. Boston Housing Court may have longer wait times.
🛡️ Common Tenant Defenses
Defective Notice
Wrong notice period, improper service, or missing required information. Massachusetts courts strictly enforce procedural requirements.
Rent Was Paid / Right to Cure
Tenants have a right to cure non-payment once per year by paying before the answer date. If the tenant paid or offered to pay, the case may be dismissed.
Breach of Warranty of Habitability
Massachusetts has strong habitability requirements. Code violations can be a defense and may result in rent abatement or damages to the tenant.
Security Deposit Violations
If the landlord failed to properly handle the security deposit (wrong account, no statement, etc.), the tenant may be entitled to 3x damages as a counterclaim.
Retaliation / Discrimination
Massachusetts prohibits retaliatory evictions. Eviction following a complaint or exercise of rights may be challenged.
💰 Massachusetts Security Deposit Rules
Massachusetts has some of the strictest security deposit laws in the country. Non-compliance can result in 3x damages.
- Maximum Amount: 1 month’s rent
- Interest Required: Yes! Must pay 5% annual interest or actual bank rate
- Separate Account: Must be in a separate, interest-bearing Massachusetts bank account
- Receipt Required: Must provide written receipt within 30 days
- Statement of Condition: Must provide within 10 days of move-in
- Return Timeline: 30 days after tenant vacates
- Penalty: Violations can result in 3x the deposit plus attorney fees
Massachusetts tenants frequently raise security deposit violations as counterclaims in eviction cases. Even small technical violations (like not providing the receipt on time) can result in 3x damages. Ensure strict compliance.
❓ Massachusetts Eviction FAQ
🔍 Avoid Evictions with Better Tenant Screening
Given Massachusetts’ lengthy eviction process, finding great tenants is critical.
📚 Related Massachusetts Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Massachusetts eviction laws and is not legal advice. Massachusetts landlord-tenant law is governed by M.G.L. c. 186 and other statutes, which may be amended. This guide reflects requirements as of . Always consult with a qualified Massachusetts attorney before proceeding with an eviction.
