Facing Eviction in Boston: What Can I Do?

The notice

1. 1

   Your landlord must get a court's permission before they can make you leave.

   Source:

   1. Section 1, Boston Gov. A government guide.
2. 2

   Changing the locks or trying to take back the unit without a court order is illegal. A landlord who does it can owe you your actual losses or 3 months' rent, whichever is greater. The landlord can also owe your attorney's fees and costs. For example, if your rent is $1,000 and your losses are $800, the court can decide you are owed up to $3,000 plus court fees. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. c. 186, § 14, Massachusetts General Court. Law.
3. 3

   Your landlord must first send you a written notice. This is usually called a Notice to Quit, which is a letter saying you must move out. The Boston Housing Stability Notification Act requires your landlord to give you a Notice of Tenants’ Rights and Resources with this notice.

   Sources:

   1. 2, Boston Gov. A government guide.
   2. RESOURCES & INFORMATION FOR TENANTS Required by the Housing Stability Notification Act. A government guide.
4. 4

   Your landlord can not evict you in response to you reporting code violations, joining a tenants' union, or otherwise using your housing rights. This is called retaliation.

   Source:

   1. Our editorial rules.

Paying to stop the case

5. 5

   Your Notice to Quit may not tell you about your right to pay the rent you owe. If it does not, you have until your court Answer is due to pay and stop the eviction.

   Source:

   1. c. 186, § 12, Massachusetts General Court. Law.
6. 6

   Applying for rental assistance (money to help pay rent) may pause your housing court case. Visit boston.gov/housing-stability or call (617) 635-4200 and ask about financial assistance.

   Source:

   1. RESOURCES & INFORMATION FOR TENANTS Required by the Housing Stability Notification Act. A government guide.
7. 7

   If the court finds that your landlord owes you more money than the rent you owe, your landlord cannot evict you. If the court finds you still owe your landlord more, you can keep your home. Pay that remaining amount, plus interest and fees, to the court clerk within 1 week. The week starts when you are told how much you owe in writing.

   Source:

   1. c. 239, § 8A, Massachusetts Legislature. Law.

Going to court

8. 8

   The court case starts when your landlord serves you with a Summons and Complaint. Unlike a notice to quit, this means your landlord has actually started an eviction case in court. The Summons and Complaint will be hand-delivered by a constable/sheriff or sent by first class mail.

   Sources:

   1. 2, Boston Gov. A government guide.
   2. RESOURCES & INFORMATION FOR TENANTS Required by the Housing Stability Notification Act. A government guide.
9. 9

   Read every paper the court sends you. Deadlines matter, so get legal help as early as you can. If you don't show up to your court case, your landlord wins by default.

   Source:

   1. 3, Boston Gov. A government guide.
10. 10

    You have the right to defend yourself in court. You can tell the court why you should not be evicted and if your landlord has violated any of your rights. For example, if your landlord did not end your rental the right way or did not fix problems in your home that they knew about.

    Source:

    1. c. 239, § 8A, Massachusetts Legislature. Law.
11. 11

    You file your defenses with the court in a paper called an Answer. Give a copy to your landlord.

    Source:

    1. Our editorial rules.

After the court decides

12. 12

    You do not have to leave the moment the landlord wins. You have at least 10 days after a judgment (the court's final decision in your case). You can file an appeal in those 10 days.

    Source:

    1. c. 239, § 5, Massachusetts Legislature. Law.