Massachusetts (MA) eviction guide
Quick answer
To evict a tenant in Massachusetts, serve a written Notice to Quit (as short as 14 days for nonpayment of rent), then file a Summary Process complaint in Housing Court after the notice expires. From notice to lockout typically takes 6 to 12 weeks, though contested cases or appeals can stretch to several months.
| Legal grounds | Nonpayment of rent, lease violation, holdover after lease ends, illegal activity |
|---|---|
| Minimum notice | 14 days (nonpayment of rent) |
| Where to file | Massachusetts Housing Court (or District Court) |
| Filing fee | About $120 to $180 |
| Typical timeframe | 6 to 12 weeks |
Tells the tenant to pay all rent owed or vacate within 14 days before the landlord may file in court.
Required when ending a month-to-month tenancy with no lease violation; notice must equal at least one full rental period.
Used for weekly or daily at-will tenants facing nonpayment or lease violations.
Required before filing for a material lease violation or illegal conduct on the premises.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve a Written Notice to Quit | 14 to 30 days | Deliver the correct notice in writing to the tenant; the clock starts the day after service. |
| 2. Wait for the Notice Period to Expire | 14 to 30 days | You cannot file in court until the full notice period has passed without the tenant curing or vacating. |
| 3. File a Summary Process Summons and Complaint | 1 to 3 days | File in Housing Court or District Court and pay the filing fee of about $120 to $180; the court assigns a Monday entry date. |
| 4. Serve Summons on the Tenant | 7 to 30 days before entry date | A sheriff or constable must deliver the summons to the tenant before the court entry date. |
| 5. Attend the Summary Process Hearing | 10 to 16 days after entry date | Both sides present their case; the judge issues a judgment, often the same day for uncontested matters. |
| 6. Obtain and Execute the Writ of Execution | 10 days after judgment | The court issues a Writ of Execution 10 days post-judgment; a sheriff or constable (not the landlord) removes the tenant after giving 48 hours notice. |
Filing a Summary Process case in Massachusetts Housing Court costs about $120 to $180 depending on the court. Additional costs typically include constable or sheriff fees for serving the summons (roughly $50 to $100) and executing the writ of possession (roughly $100 to $200), bringing the total out-of-pocket cost to about $270 to $480 before any attorney fees.
If the landlord wins, the court issues a Writ of Execution (also called a Writ of Possession) 10 days after judgment, giving the tenant that window to appeal or vacate voluntarily. A licensed sheriff or constable then posts a 48-hour removal notice on the unit and returns to carry out the lockout if the tenant has not left. Self-help eviction (changing locks, removing belongings, or shutting off utilities without a writ) is illegal in Massachusetts and exposes the landlord to damages.
General information, not legal advice. Governing statute: Massachusetts General Laws Chapter 239 (Summary Process). Self-help eviction is illegal everywhere; always follow the court process.
Massachusetts eviction FAQ
Most uncontested evictions in Massachusetts take **6 to 12 weeks** from serving the notice to lockout. The notice period alone is 14 to 30 days, then the court process adds another 3 to 5 weeks. Contested cases, tenant appeals, or a court-granted stay of execution can push the total past 6 months.
Plan on roughly **$270 to $480** in hard costs: the Housing Court filing fee is about $120 to $180, plus $50 to $100 to serve the summons and $100 to $200 for the constable to execute the writ. Attorney fees, if you hire one, are additional and can range from $500 to several thousand dollars.
No. Massachusetts law requires a court judgment before any tenant can be removed. A landlord who changes locks, removes a tenant's belongings, or shuts off utilities to force a move-out is committing illegal self-help eviction and can be sued for damages.
Under MGL Chapter 239, Section 10, a tenant can stop a nonpayment eviction at any point **before judgment** by paying all rent owed plus court costs and interest. If the tenant pays in full, the court must dismiss the case.
Yes. Massachusetts has no winter eviction moratorium for non-payment or lease violation cases. However, the court may grant a **stay of execution** of up to 6 months (or 12 months for tenants who are elderly or disabled) to give the tenant extra time to find housing before the constable executes the lockout.
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