Evicting a tenant is never an easy decision, but protecting your property and business interests can sometimes be necessary. In Massachusetts, the eviction process can take anywhere from one to four months, depending on the circumstances and whether the tenant contests the eviction.
This guide will walk you through the process, ensuring you understand each step and comply with state laws.
Grounds for Eviction in Massachusetts
In Massachusetts, you can't evict a tenant without a valid reason. Here are the legal grounds for eviction:
- Nonpayment of Rent
- End of Lease or No Lease
- Lease Violations
- Illegal Activity
Each ground for eviction has specific notice requirements and procedures that must be followed.
Notice Periods and Curable Violations
Notice periods and curable violations are critical aspects of contractual agreements.
A notice period is the timeframe within which one party must inform the other about a specific action or intention, such as termination of the agreement. This period allows the receiving party to make necessary adjustments or preparations.
Curable violations, on the other hand, are breaches of contract that can be remedied within a given timeframe. If a curable violation occurs, the offending party is typically given a specific period to rectify the issue before further action, such as termination or penalties, can be taken.
Read on to learn how the notice period will change depending on the reason for eviction.
- Non-Payment of Rent: If a tenant fails to pay rent on time, the landlord must serve a 14-day notice to vacate. Rent is considered late the day after it's due, but landlords can only assess a late fee 30 days after.
- End of Lease or No Lease: A 30-day notice to vacate is required for tenants without a lease or those whose lease has ended. This notice terminates the tenancy, allowing the landlord to proceed with filing an eviction lawsuit if the tenant does not move out.
- Lease Violations: When a tenant violates the lease terms, the landlord can serve a 7-day notice to vacate. Common lease violations include damaging the property, having unauthorized occupants, or keeping pets in violation of the lease. The tenant must vacate within the notice period without the opportunity to fix the issue.
- Illegal Activity: If a tenant engages in illegal activities such as prostitution, illegal drug activities, or possession of a weapon, the landlord can serve a 7-day notice to vacate. The tenant must move out within this period without the option to remedy the situation.
Illegal Evictions in Massachusetts
It's crucial to follow the legal process for evictions. Any attempt to forcibly remove a tenant without a court order is illegal. This includes changing locks, shutting off utilities, or removing tenant belongings.
Self-Help Evictions
Landlords cannot:
- Change the locks
- Shut off utilities
- Remove tenant belongings
Retaliatory Evictions {#​​retaliatory-evictions}
Evictions in response to tenants exercising their legal rights are also illegal. Tenants are protected if they:
- Complain about property issues
- Contact government agencies about property conditions
- Join or support tenant organizations
- Pursue legal action against the landlord
- Withhold rent for legally acceptable reasons
The Massachusetts Eviction Process
The eviction process in Massachusetts follows these steps:
- Step 1: The tenant must be served a written notice. The notice must specify the reason for eviction and the required notice period. Methods of delivery include delivering by hand, delivery via certified mail with a proof of delivery, or delivery by a sheriff or constable.
- Step 2: After the notice period expires, the landlord can file an eviction complaint with the court. Filing fees range from $120 to $180. The landlord must serve the tenant with a copy of the summons and complaint 7-30 days before filing with the court.
- Step 3: Eviction hearings are scheduled based on the court's entry date. If the tenant fails to appear, a default judgment is issued in favor of the landlord. If either party requests a postponement, the hearing will be rescheduled for seven days later. If the judge rules in favor of the landlord, a writ of execution will be issued.
- Step 4: The writ of execution is the final notice for the tenant to vacate the property. The tenant can remove their belongings before the sheriff or constable enforces the eviction.
- Step 5: Once the writ of execution is enforced, the tenant is removed from the property, and possession is returned to the landlord.
Bottom Line
Evicting a tenant in Massachusetts involves a series of legal steps that must be followed precisely to avoid complications. Landlords can ensure a smooth and lawful eviction process by understanding the grounds for eviction and adhering to the correct procedures.
Consider consulting with a professional property company like BRI Property Management if you need further assistance or legal advice on eviction matters. Staying informed about Massachusetts eviction laws will keep your property management practices compliant and efficient.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.