Eviction Process In Massachusetts

Evicting a tenant in Massachusetts means following summary process in District Court, Boston Municipal Court, or Housing Court (Superior Court if money damages are likely to exceed $25,000) exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Massachusetts's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Massachusetts eviction is called "summary process," governed by Massachusetts General Laws chapter 239, and is filed in the district, Boston municipal, or housing court for the judicial district where the property is located.

• A summary process action may be filed in the district court (or housing court/Boston Municipal Court) for the judicial district where the land is located, or in superior court if the plaintiff seeks money damages with a reasonable likelihood of recovery exceeding $25,000. (Mass. Gen. Laws c. 239, section 2)
• The action proceeds by an original summons directing the defendant to answer the plaintiff's claim that the defendant unlawfully holds possession against the plaintiff's right. (Mass. Gen. Laws c. 239, section 2)

Lawful Grounds For Eviction

Chapter 239, section 1 sets out the specific situations in which summary process is available, chiefly lease expiration/termination and unlawful holding of possession.

• Summary process is available where a lessee holds possession without right after a lease has ended by its own limitation, by a notice to quit, or otherwise. (Mass. Gen. Laws c. 239, section 1)
• Summary process is also available for forcible entry, or peaceable entry followed by unlawful holding by force, and for possession disputes following mortgage or tax-title foreclosure. (Mass. Gen. Laws c. 239, section 1)

Notice Requirements

Nonpayment requires 14 days' notice with specific tenant-payment protections; no-cause termination of a tenancy at will requires a longer, rent-interval-based notice.

• For nonpayment under a written lease, 14 days' written notice to quit is sufficient to terminate the lease, unless the tenant pays all rent, interest, and costs due before the answer date in a resulting possession action. (Mass. Gen. Laws c. 186, section 11)
• For nonpayment in a tenancy at will, 14 days' notice to quit is likewise sufficient; a tenant who has not received such a notice in the preceding 12 months may still avoid termination by paying all rent due within 10 days of the notice, and if the notice omits the statutorily required language about this right, the tenant's payment window extends to the answer date in the possession action. (Mass. Gen. Laws c. 186, section 12)
• A no-cause termination of an estate (tenancy) at will requires three months' written notice, or, if rent is paid more frequently than quarterly, the interval between rent payments or 30 days, whichever is longer. (Mass. Gen. Laws c. 186, section 12)
• If nonpayment results from a government agency's delay in delivering rental assistance to either party, the court must continue the hearing at least seven days, and the tenancy is treated as continuing if the tenant tenders all rent owed within that period. (Mass. Gen. Laws c. 186, sections 11, 12)

Filing The Case

The case is commenced by an original summons filed in the appropriate court for the judicial district where the property is located.

• The action is commenced by an original summons to the defendant to answer the plaintiff's claim of unlawful possession, filed in the district, housing, or Boston Municipal Court for the judicial district where the land is located. (Mass. Gen. Laws c. 239, section 2)
• A claim for rent or for use and occupation may be joined in the summary process summons, and failure to claim such amounts does not bar a later separate action for those damages. (Mass. Gen. Laws c. 239, section 2)

Serving The Tenant

Service is made via the original summons directing the defendant to answer, subject to ordinary civil service rules, with special handling required if a minor is named.

• Service is accomplished through an original summons; minors may not be named as defendants, and any minor's name that is included must be expunged from the court record. (Mass. Gen. Laws c. 239, section 2)

The Tenant's Response

The tenant's principal statutory defense to a nonpayment case is timely payment of all rent, interest, and costs by the answer date specified in the summons.

• A tenant facing nonpayment termination under a written lease can avoid termination by paying all rent due, plus interest and court costs, before the answer date in the possession action. (Mass. Gen. Laws c. 186, section 11)

Hearing And Judgment

Chapter 239, section 3 governs judgment and execution, and imposes strict timing and notice rules on how a resulting writ of possession may be served.

• Judgment and execution in a summary process case are governed by section 3, which restricts when an execution for possession of a dwelling may be served: not after 5:00 p.m. or before 9:00 a.m., and not on a Saturday, Sunday, or legal holiday. (Mass. Gen. Laws c. 239, section 3)
• The officer must give the defendant at least 48 hours' written notice of the specific date and time the execution for possession will be served. (Mass. Gen. Laws c. 239, section 3)

The Writ And Lockout

The enforcement writ is the "execution"; officers must store any property left behind at a licensed public warehouse rather than discard it.

• Execution for possession of residential premises cannot be served or levied outside the 9:00 a.m. to 5:00 p.m. window, nor on a Saturday, Sunday, or legal holiday, and the officer must give the defendant at least 48 hours' advance written notice of the date and time of service. (Mass. Gen. Laws c. 239, section 3)
• Any personal property remaining in the unit must be placed by the officer in storage at a licensed public warehouse reasonably near the premises, with the defendant given the warehouse's contact information and storage rates; the warehouse may sell unclaimed property after six months and apply the proceeds to unpaid storage costs. (Mass. Gen. Laws c. 239, section 3)

Prohibited Practices

Massachusetts criminalizes self-help eviction and utility/service interference, in addition to providing a substantial civil remedy.

• A landlord may not willfully or intentionally fail to furnish water, hot water, heat, light, power, gas, elevator, telephone, janitor, or refrigeration service required by law or the tenancy, interfere with a third party's provision of such utilities, or shift payment responsibility to the occupant without consent. (Mass. Gen. Laws c. 186, section 14)
• A landlord may not directly or indirectly interfere with the quiet enjoyment of the premises, or attempt to regain possession by force without the benefit of judicial process; violation is punishable by a fine of $25 to $300, imprisonment for up to six months, or both. (Mass. Gen. Laws c. 186, section 14)
• A tenant subjected to these prohibited practices may recover actual and consequential damages, or three months' rent, whichever is greater, plus court costs and reasonable attorney's fees; any lease waiver of these protections is void. (Mass. Gen. Laws c. 186, section 14)

Recent Changes Worth Tracking

• A new eviction record sealing law took effect May 5, 2025, codified at Massachusetts General Laws chapter 239, section 16, allowing eligible tenants to petition the court to seal their eviction case record. (Mass. Gen. Laws c. 239, section 16)

Eviction is the last step in a relationship that's already gone wrong. See our guide to Massachusetts property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Massachusetts attorney, and confirm the current text of any rule cited above with District Court, Boston Municipal Court, or Housing Court (Superior Court if money damages are likely to exceed $25,000) or the Massachusetts legislature.

Sources

Every fact above is drawn from one of the official sources below.

• Mass. Gen. Laws c. 239, section 2, Massachusetts Legislature, G.L. c. 239, section 2
• Mass. Gen. Laws c. 239, section 1, Massachusetts Legislature, G.L. c. 239, section 1
• Mass. Gen. Laws c. 186, section 11, Massachusetts Legislature, G.L. c. 186, section 11
• Mass. Gen. Laws c. 186, section 12, Massachusetts Legislature, G.L. c. 186, section 12
• Mass. Gen. Laws c. 239, section 3, Massachusetts Legislature, G.L. c. 239, section 3
• Mass. Gen. Laws c. 186, section 14, Massachusetts Legislature, G.L. c. 186, section 14
• Mass. Gen. Laws c. 239, section 16, Mass.gov, Eviction Sealing (Massachusetts Trial Court)