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Massachusetts Eviction Notice

A Massachusetts eviction notice is a formal communication from a landlord to a tenant, indicating that the tenant is in violation of their lease agreement. This notice serves as a prerequisite to initiating legal eviction proceedings if the tenant does not remedy the situation within the specified time frame.

Massachusetts Eviction Notice

Massachusetts Eviction Notice

Types of Massachusetts Eviction Notice Forms

Landlords in Massachusetts must use specific eviction notice forms based on the grounds for eviction. The main types include:

1. 14-Day Notice To Quit

  • Grounds: Nonpayment of rent.
  • Details: This notice can be issued the day after rent is due, with no grace period. The tenant must either pay the overdue rent or vacate the property within fourteen (14) calendar days.
  • Legal Citation: M.G.L. c. 186 § 11.

2. Notice To Comply or Vacate

  • Grounds: Curable lease violations (e.g., failure to maintain health and safety).
  • Details: The tenant must correct the violation or vacate by a specified termination date, which is determined by the lease or at the landlord’s discretion if no lease exists.

3. 7-Day Notice To Vacate

  • Grounds: Incurable lease violations (e.g., major property damage).
  • Details: The tenant must vacate within seven (7) calendar days of receiving the notice.

4. 30-Day Notice To Vacate

  • Grounds: Termination of a rental agreement (month-to-month or expired lease).
  • Details: The non-terminating party must receive notice at least thirty (30) calendar days before the termination date.
  • Legal Citation: M.G.L. c. 186 § 12.

How To Write an Eviction Notice in Massachusetts

To ensure legal compliance, an eviction notice should include the following elements:

  1. Tenant’s full name and address.
  2. Specific lease violation or balance due.
  3. Date of termination.
  4. Landlord’s printed name, signature, and address.
  5. Date and method of notice delivery, along with the printed name and signature of the person delivering the notice.

How To Calculate Expiration Date in Massachusetts

The notice period begins the day after the notice is delivered. For example, to provide a 30-day notice effective June 30, the notice must be delivered by May 31. If the last day of the notice period falls on a weekend or legal holiday, the period extends to the next judicial day.

How To Serve an Eviction Notice in Massachusetts

Landlords may deliver an eviction notice through various methods that ensure actual notice to the tenant. Common methods include:

  1. Hand delivery to the tenant.
  2. Registered or certified mail with the tenant’s signature as proof.
  3. Delivery by a constable or sheriff.

Mailed notices extend the notice period by three (3) calendar days.

Eviction Process in Massachusetts

The eviction process involves several steps:

Step 1: Deliver the Notice

The landlord must serve the appropriate notice to the tenant.

Step 2: Wait for Tenant Response

If the tenant remedies the issue or vacates within the notice period, no further action is needed.

Step 3: File Summons and Complaint

If the tenant does not respond or cure the violation, the landlord may file a Summons and Complaint with the local court, paying a filing fee (currently $195).

Step 4: Serve the Summons and Complaint

The landlord must serve the filed documents to the tenant according to Massachusetts Civil Procedure Rule 4.

Step 5: Tenant Answers the Complaint

The tenant has the right to respond by filing a Summary Process Answer with the court.

Step 6: Evict the Tenant

If the tenant fails to respond or the landlord wins the case, the landlord may obtain a court judgment for execution, which allows law enforcement to remove the tenant after a 48-hour notice.

  • M.G.L. Chapter 239: Summary Process for Possession of Land.
  • M.G.L. c. 186 § 11: Nonpayment of rent notice requirements.
  • M.G.L. c. 186 § 12: Lease termination notice requirements.
  • M.G.L. c. 139 § 19: Illegal activity notice requirements.

Statutes

FAQs

A Massachusetts eviction notice is a legal document from a landlord to a tenant, informing them of a breach of the lease agreement and providing a specified period to resolve the issue or vacate the property. It is used in situations such as non-payment of rent, lease violations, or illegal activities on the premises.

In Massachusetts, there are several types of eviction notices: a 14-Day Notice to Quit for non-payment of rent, a Notice to Comply or Vacate for curable lease violations, a 7-Day Notice to Vacate for incurable violations, and a 30-Day Notice to Vacate for terminating month-to-month leases or expired leases.

An eviction notice in Massachusetts can be served through various methods, including hand delivery to the tenant, delivery by registered or certified mail, or by a constable or sheriff. It’s important to ensure that the landlord has proof of delivery, as this is crucial for the eviction process.

If a tenant does not respond to an eviction notice within the specified time frame, the landlord can file a Summons and Complaint with the local court to initiate an eviction lawsuit. The tenant will then have the opportunity to respond in court, and if they fail to do so, the landlord may receive a default judgment.

In Massachusetts, the notice periods vary based on the reason for eviction: a 14-day notice is required for non-payment of rent, a 30-day notice for lease violations or termination of a month-to-month tenancy, and no notice is required for illegal activities.

No, a landlord cannot evict a tenant without first providing a proper eviction notice. The eviction process must begin with a legally valid notice that gives the tenant a chance to remedy the situation or vacate the property.

A Massachusetts eviction notice should include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, and the landlord’s signature and address. It should also note the method of delivery and the date it was served.

The eviction process in Massachusetts can take anywhere from a few weeks to several months, depending on the notice period and whether the tenant responds to the eviction notice. If the tenant does not leave after the notice period, the landlord must file for eviction in court, which can further extend the timeline.