Massachusetts eviction laws
Notices, deadlines, court and tenant rights in Massachusetts — in plain English.
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Overview
- The court case
- Summary process (eviction) action
- Court
- Housing Court (statewide Housing Court departments), or District Court / Boston Municipal Court
- Main laws
- M.G.L. c. 186 §§ 11, 11A, 12, 13, 31; c. 239 (summary process); c. 139 § 19; Uniform Summary Process Rules
Just-cause protection
No statewide law
Massachusetts has no statewide just-cause rule and bans local rent control. A tenancy at will can be ended without a reason by a proper notice. Retaliation and discrimination defenses are strong (c. 186 § 18, c. 239 § 2A). (M.G.L. c. 186 § 12; c. 40P)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — 14-Day Notice to Quit for Nonpayment of Rent
The landlord must serve a 14-day notice to quit for nonpayment, together with the state's required Notice to Quit Accompanying Form. A tenant at will can cure by paying all rent due within 10 days of receiving the notice (unless they got a similar notice in the last 12 months). A tenant with a lease can cure by paying all rent due plus interest and costs by the answer date.
14-Day Notice to Quit for Nonpayment of Rent
- Notice period
- 14 days
- Counting
- Do not count the day the tenant receives the notice. Count calendar days. File (enter) the summary process case only after the notice period has fully expired. The Summary Process Summons must be served at least 7 days (and not more than 30 days) before the entry date.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and property address
- Amount of rent owed and for what period
- Statement that the tenancy is terminated 14 days after receipt
- For a tenant at will, the statutory right-to-cure statement: that the tenant may cure within 10 days of receipt by paying the full amount due (required unless the tenant received a nonpayment notice in the prior 12 months)
- Attach the Notice to Quit Accompanying Form (information on rental assistance, rights and court process) - required by c. 186 § 31
- Landlord or agent signature and date
- How to serve
- Sheriff, marshal or constable; Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Massachusetts law does not set a service method for a notice to quit, but the landlord must prove the tenant actually received it. The most reliable method is service by a constable or deputy sheriff (who returns a signed certificate). Hand delivery with a witness, or certified plus first-class mail, are also used. Keep a copy and proof.
- Official form
- Notice to Quit Accompanying Form (Executive Office of Housing and Livable Communities) must be served with the notice; no official notice-to-quit form
- Law
- M.G.L. c. 186 §§ 11, 11A
- If the landlord accepts rent after the notice without a written reservation (e.g., 'for use and occupancy only'), the notice may be waived.
- If the tenant has a pending rental assistance application, the court may pause the case. VERIFY current status of rental-assistance continuance rules (c. 239 § 15, Chapter 257 provisions).
- Since April 1, 2023, landlords no longer need to send a copy of the notice to the state.
The tenant broke the lease or rules — Notice to Quit for Cause (Lease Violation)
For a tenant with a lease, follow the lease's notice for a breach (often 7 or 14 days). For a tenant at will, a violation can be enforced with a 30-day (or rental period) notice to quit; Massachusetts has no statutory short notice for lease violations.
Notice to Quit for Cause (Lease Violation)
- Notice period
- 7 days
- Counting
- Do not count the day the tenant receives the notice. Count calendar days. File (enter) the summary process case only after the notice period has fully expired. The Summary Process Summons must be served at least 7 days (and not more than 30 days) before the entry date.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- The lease term violated and specific facts and dates
- Date the tenancy ends
- Landlord signature and date
- How to serve
- Sheriff, marshal or constable; Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Massachusetts law does not set a service method for a notice to quit, but the landlord must prove the tenant actually received it. The most reliable method is service by a constable or deputy sheriff (who returns a signed certificate). Hand delivery with a witness, or certified plus first-class mail, are also used. Keep a copy and proof.
- Law
- Lease terms; M.G.L. c. 186 § 12
- Double-check with the court: the notice period depends on the lease. With no lease clause, use the 30-day/rental-period notice for tenants at will.
- Boston: attach the city's tenant rights notice (see local rules).
The lease ended and the tenant stayed — no notice required
When a fixed-term lease ends on its own date, no notice to quit is required. If the landlord accepts rent after the end date, a tenancy at will may be created, requiring a 30-day notice.
- Check the lease for automatic renewal or required notice of non-renewal.
- Boston: landlords must give the city's tenant rights notice with any notice ending a tenancy.
Ending a month-to-month tenancy (no fault) — 30-Day Notice to Quit (Tenancy at Will)
A tenancy at will can be ended without a reason by written notice of at least 30 days or one full rental period, whichever is longer, ending on a rent due date.
30-Day Notice to Quit (Tenancy at Will)
- Notice period
- 30 days (week-to-week: 30 days, month-to-month: 30 days)
- Counting
- Do not count the day the tenant receives the notice. Count calendar days. File (enter) the summary process case only after the notice period has fully expired. The Summary Process Summons must be served at least 7 days (and not more than 30 days) before the entry date. The termination date must fall at the end of a rental period (the day before rent is due).
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Statement that the tenancy is terminated
- Termination date - must be the last day of a rental period, at least 30 days (or one full rental period if longer) after receipt
- Landlord signature and date
- How to serve
- Sheriff, marshal or constable; Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Massachusetts law does not set a service method for a notice to quit, but the landlord must prove the tenant actually received it. The most reliable method is service by a constable or deputy sheriff (who returns a signed certificate). Hand delivery with a witness, or certified plus first-class mail, are also used. Keep a copy and proof.
- Law
- M.G.L. c. 186 § 12
- A notice ending mid-month is defective. Many landlords add a 'savings clause' saying the tenancy ends on the first rental-period end date at least 30 days after receipt.
Illegal activity, violence or serious damage — Notice to Quit (Lease Void for Illegal Use)
If the tenant uses the unit for illegal purposes (e.g., drugs, prostitution, illegal weapons), the lease becomes void and the landlord may seek possession under c. 139 § 19. A notice to quit is commonly served, often with a short period, and courts can hear these cases on an expedited basis.
Notice to Quit (Lease Void for Illegal Use)
- Notice period
- No fixed period
- Counting
- No fixed statutory period. Double-check with the court: many practitioners give a short period (e.g., 24 hours to 7 days); the court may also allow an injunction.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Description of the illegal use/activity and dates
- Statement that the lease is void under G.L. c. 139 § 19 and the tenant must vacate
- Landlord signature and date
- How to serve
- Sheriff, marshal or constable; Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Massachusetts law does not set a service method for a notice to quit, but the landlord must prove the tenant actually received it. The most reliable method is service by a constable or deputy sheriff (who returns a signed certificate). Hand delivery with a witness, or certified plus first-class mail, are also used. Keep a copy and proof.
- Law
- M.G.L. c. 139 § 19
- Double-check with the court: expedited hearings under c. 239 § 1 and injunctions under c. 139 § 20 require court approval; consult the Housing Court clerk.
How a tenant responds
The tenant must file a written Answer (and any discovery request) with the court by the Monday after the entry date shown on the summons. Filing discovery postpones the trial by 2 weeks. The trial is usually set for the second Thursday after the entry date. The tenant must attend the trial (often mediation first).
Deadline: at the hearing (no fixed written-answer deadline) · Form: Summary Process (Eviction) Answer - Massachusetts Trial Court form · Uniform Summary Process Rules 2, 3, 5, 7; M.G.L. c. 239 § 8A
City and local rules
- Boston (Housing Stability Notification Act, City Ordinance 10-3): landlords must give tenants a City notice of rights and resources with any notice to quit and file a copy with the Office of Housing Stability. VERIFY current filing requirement.
- Rent control is banned statewide (c. 40P). Cambridge, Somerville and Brookline have local tenant notification rules; VERIFY before serving.
Official court forms
Landlords
- TC0030 — Affidavit of Compliance with G.L. c. 186, s. 31
- HC0006 — Motion for Issuance of Execution
Tenants
- TC0090 — Summary Process Answer Form
Sources
- M.G.L. c. 186 § 11 (Mass. Legislature)
- M.G.L. c. 186 § 12
- Mass.gov - Notice to Quit Accompanying Form
- Mass.gov - Summary Process Answer
- MassLegalHelp - Eviction
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.