How to Evict a Tenant in Massachusetts

In Massachusetts, you can evict someone for breaking the terms of the lease, not paying rent or conducting criminal activity on the property. You cannot evict anyone as a form of retaliation or for a reason that could be considered discriminatory.

1. Serve written notice

All eviction processes must begin with the serving of written notice. The kind of notice you serve will depend on the reason for eviction.

If you are evicting the tenant for nonpayment of rent, you must serve them 14-day notice to pay rent or quit. The notice must let the tenant know that they have 14 days to leave or pay rent before a suit will be filed with the court. We’ve created a template for this kind of notice that you can customize and use here.

If you are evicting the tenant for violating the lease in a different way, or for engaging in criminal activity on the property, you must serve an unconditional quit notice. State law does not offer a length of time you must give the tenant to respond, so make sure there is nothing in your rental agreement governing this. (Here's a template.)

2. File papers with the court

If the notice period has come to a close and the issues have not been fixed, you must file a summons and complaint with the district court in the county where the unit is located. The court will set a hearing. The tenant will receive from a sheriff's deputy a copy of the paperwork and information regarding the hearing.

3. Go to court

If the tenant wants to challenge the eviction, you and the tenant will appear in front of a judge. The burden of proof is on you to show that the tenant violated the terms of the lease and that you correctly served notice, so be sure to follow these instructions carefully while documenting everything. If the judge rules in your favor, the tenant may be responsible for paying you unpaid rent, attorney’s fees and process fees.

4. Store the subtenant's personal belongings for six months

If the judge rules in your favor, a court order will be issued instructing a law enforcement officer to remove the tenant from the premises. If the tenant leaves any of their personal belongings in the unit, the law enforcement officer will also remove the belongings and place them in storage. The items must be stored at your expense for six months. If they go unclaimed for that period, you can sell the items, first using any money made to pay for the storage and then, if there is an amount left over, to the tenant.

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