Facing Eviction in Massachusetts: What Can I Do?

The notice

1. 1

   Your landlord cannot make you leave your home without going to court first. They must file a case, often called summary process, and get the court's permission. Only a court order called an execution lets a constable or sheriff move you out.

   Source:

   1. Eviction authorization, Massachusetts Court System. A government guide.
2. 2

   Your landlord cannot make you leave without going to court. Changing the locks or cutting off your utilities (water, electric, gas) to force you out is illegal. A court can order your landlord to pay your actual losses or 3 months' rent, whichever is more. For example, if your rent is $1,500 a month, 3 months' rent is $4,500. Your landlord may also have to pay your court costs and a lawyer's fee.

   Sources:

   1. Eviction, Massachusetts Attorney General. A government guide.
   2. c. 186, § 14, Massachusetts General Court. Law.
3. 3

   If you have no lease and you fall behind on rent, your landlord must first send a written notice to quit. This is a letter saying you must move out. For a month-to-month tenant, the notice must give 14 days, counted from the day you get it, before it can end your rental.

   Source:

   1. c. 186, § 12, Massachusetts General Court. Law.
4. 4

   If your landlord has no reason related to rent, they can end a month-to-month rental by giving you a written notice. This notice must be 30 days, or as long as your rent period, whichever is longer, counted from the day you get it.

   Source:

   1. c. 186, § 12, Massachusetts General Court. Law.
5. 5

   Your landlord cannot punish you for reporting a code violation, complaining to your landlord in writing, or joining a tenants' group. This is called retaliation. If this happens, a court can order your landlord to pay you up to 3 months' rent, or your actual losses, whichever is more. They may also have to pay your court costs and a lawyer's fee. For example, if your rent is $1,500 a month, 3 months' rent is $4,500.

   Source:

   1. c. 186, § 18, Massachusetts General Court. Law.
6. 6

   Timing can protect you. Suppose your landlord acts within 6 months after you complain. The action can be raising your rent, changing your lease terms, or ending your rental for a reason other than unpaid rent. The law then presumes it was retaliation. Presumed means the court treats it as true unless your landlord proves it is not.

   Source:

   1. c. 186, § 18, Massachusetts General Court. Law.

Paying to stop the case

7. 7

   If your case is only about unpaid rent, the court may delay it. You must show that you fell behind because of money problems (financial hardship). You must also show the court that you applied for emergency rental assistance (money to help pay rent) and are waiting for an answer.

   Source:

   1. Emergency rental and mortgage assistance, Massachusetts Trial Court Housing Court. A government guide.
8. 8

   If the court decides your landlord owes you more than you owe them because of your defenses, your landlord cannot evict you. If your landlord is owed more, you can keep your home by paying the court clerk the amount owed within 1 week. This week starts when the court tells you in writing how much you owe.

   Source:

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

Going to court

9. 9

   After the notice period ends, your landlord can start the court case by serving you a Summons and Complaint. This is the official paper that begins your case. You must file an Answer, your written response, with the court by the deadline it states. Give a copy to your landlord or their lawyer. There is no fee to file it.

   Source:

   1. Summary process summons and complaint, Massachusetts Court System. A government guide.
10. 10

    In your Answer, your written response to the case, you can raise claims against your landlord. These include problems with the condition of your home, your landlord breaking the lease, or your landlord breaking another law. You can do this when the case is for unpaid rent, or when your rental ended without any fault of yours.

    Source:

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

    Go to court on your trial date even if you did not file an Answer, your written response to the case. If you do not go, you may lose automatically. The court can enter a judgment (the court's final decision in your case) against you without a trial.

    Source:

    1. Filing your answer, Massachusetts Court System. A government guide.

After the court decides

12. 12

    If you lose your case, you do not have to move out right away. You have 10 days from the date the court enters its judgment (the court's final decision in your case) to file an appeal. The court will not let your landlord remove you before those 10 days pass.

    Source:

    1. c. 239, § 5(a), Massachusetts Legislature. Law.
13. 13

    After you lose your case, your landlord needs a separate court order called an execution before anyone can remove you. Only a constable or sheriff can remove you, and they must give you 48 hours written notice first.

    Source:

    1. Removing the tenant, Massachusetts Court System. A government guide.
14. 14

    You can file a petition (a written request) with the court to seal your eviction record. A sealed record is not open to the public. After you have sealed all of your past eviction records, you can answer 'no record' on housing or credit applications that ask about evictions.

    Source:

    1. Eviction Sealing, Massachusetts Attorney General. A government guide.