Massachusetts Eviction Notice Forms
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In Massachusetts, the eviction process is called Summary Process. Massachusetts law provides a great deal of protection to tenants, so evictions can take a long time. The landlord must be aware of State laws (Chapter 13 – See Booklet) and make sure to properly send all notices through a sheriff in order to be accepted by the courts.
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1. Notice
Tenants may be evicted only for an expired lease, failure to pay rent, or for a specific violation. For nonpayment of rent, landlords must send a 14-day Notice to Quit before filing an eviction.
For at-will tenancies (month-to-month), when the tenant is not at fault, property owners must give tenants 30 days of notice. The law does not specify the length of notice required for evictions based on lease violations, although the written lease may specify the length. Owners must still provide written notice stating the reason for the eviction, however.
In any case, it is best to have the sheriff serve notice, as the court will accept this as proper service during a later hearing.
2. Summary Process Summons and Complaint
You can file the notice along with the summary process at the District Court or the Housing Court, which is specialized to hear eviction cases and whose fees are cheaper. First, a sheriff will serve the documents to the tenant. Then, the owner must file the documents, along with proof of service, with the court on a Monday at least seven days after the date of service, but not more than 30 days afterward.
The tenant then has the right to request Discovery, meaning copies of all evidence the landlord has that support the eviction. The landlord must provide these copies, and this can delay the process by two weeks.
Then the tenant must file an answer. If the tenant does not, the tenant can request to file one at the hearing. If the tenant does not file an answer then, the judge will grant the owner a default judgment.
3. Hearing
Many housing courts are quite busy, and the judge may request that the parties enter mediation to resolve their case. This means that a mediator who specializes in settling disputes will help the tenant and landlord discuss and resolve their problems informally without judicial and law enforcement involvement. The parties can agree on a payment plan, move-out date, or to allow the tenant to rectify the lease violation. The owner may refuse mediation, however, and proceed to trial.
If the property owner wins the case, he or she will be granted a judgment. The tenant then has 10 days to appeal. After 10 days, the judge will issue an execution order to the sheriff to physically remove the tenant if no appeal has been filed. Appeals can lengthen the process considerably, but the court may require tenants to pay an appeal bond, and the tenant will lose the appeal and be forced to vacate the property if he or she cannot pay it.
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