Understanding Tenant and Landlord Rights: The Eviction Process in Massachusetts

If you’re a tenant or landlord in Massachusetts, knowing your rights is the first step to a safe rental experience. The eviction process is a legal maze with rules regarding notice and procedures imposed on landlords, and added tenant protections as well. 

This guide will give you an overview of the steps, reasons, and rights of each party in a way that will provide important information about dealing with this situation. 

Common Reasons for Eviction and Tenant Protections

In Massachusetts, a landlord may not evict a tenant without just cause.

• Non-Payment of Rent: The most common reason for initiating an eviction process is for non-payment of rent. If you fail to pay rent on time, your landlord can start the eviction process.
• Lease Violations: This may be for having unauthorized pets, unauthorized occupants, excessive noise, and other violations of specific covenants or terms in your rental agreement.
• Property Damage: Significant property damage beyond normal wear and tear can be grounds for eviction. Like damaging rental wellness amenities or expensive equipment
• Illegal Actions: Utilizing a rental unit for any illegal acts is an appropriate reason for eviction.
• No-Fault Eviction: A landlord can cause a tenancy to end for their own reasons, for example, moving in family or doing extensive renovations, but in cities like Boston, most landlords will have to show they are providing relocation assistance.

Just because you violated a lease does not mean you are automatically evicted, and you generally have a formal “right to cure” or fix the issue within some period of time.

The Eviction Process in Massachusetts: Step-by-Step Guide

Tenants should be aware of their rights throughout the eviction process in Massachusetts. Understanding each step is critical for landlords and tenants to protect their legal rights.

Step 1: Notice to Quit

The beginning of the legal eviction process is when you, the tenant, receive a “Notice to Quit.” Notice must be in writing and from your landlord. This notice must state the reason for the eviction and provide a stated number of days remaining for you to vacate or remedy the reasons for the eviction, such as paying back rent owed.

Step 2: Filing a Complaint

If you have not resolved your problem or have moved, your landlord will file a Summary Process Summons and Complaint in court. These documents will be served on you, including a court date. You are required to respond in writing, and you have a very strict time limit to do so.

Step 3: The Hearing in Court

Both parties will then have the opportunity to present their position in front of a judge. You should bring any evidence that you have to support your position, such as photographs or receipts. The judge will then rule on your case. If your landlord is successful, a judgment for possession of your dwelling will be awarded to the landlord.

Step 4: Execution

In the end, your landlord must receive an eviction order, called an “execution.” Once your landlord has the execution, only a constable or sheriff is able to enforce it and remove any person from the dwelling. Your landlord must post a 48-hour notice before the constable or sheriff returns to remove anyone.

How Tenants Can Respond and Protect Their Rights

Facing an eviction can be an emotionally challenging and intimidating situation. The good news is that you have rights and options available to you. First and foremost, do not ignore any paperwork that has been served upon you from the court. If you have received a summons, you must answer it in the timeframe required by the court, or else you run the risk of receiving a default judgment against you.

After you handle the paperwork, consider your defenses. You may actually have a legal defense against the eviction, depending on the landlord’s violations of their obligations, notice of retaliatory eviction, or in the case of discrimination. Make sure you have collected all of your evidence (i.e., photographs demonstrating disrepair, rental receipts, and communication with your landlord).

Finally, always make your required court appearance. You will be able to discuss your situation with the judge, and MAY be able to reach a settlement. If the landlord uses “self-help” tactics to evict you by changing the locks or shutting off utilities, that is illegal. 

Bonus: After The Eviction (Landlords and Tenants)

Once an eviction judgment is obtained, there are certain processes to follow. For landlords, this means you cannot take any action on your own. You can get a formal court “execution”, and then a constable or sheriff will evict the tenant and change the locks.

Tenants will normally remove all of their things when they move out. If a tenant keeps things behind, Massachusetts law treats these as abandoned property. The landlord must record and store the property for a limited time set by law, but it can be disposed of. 

You may also have a separate monetary judgment for unpaid rent or damages that can also affect your credit.

Conclusion

In Massachusetts, participating in an eviction process will require a comprehensive knowledge of the eviction process from start to finish, regardless of whether you are the landlord or tenant. 

Knowing your respective rights and responsibilities can help both parties avoid an eviction or conflict. Make sure to follow the respective legal processes and consult professionals if you have an inquiry (i.e., a lawyer). 
If following these requirements is tricky, consider working with property managers. Property managers in Boston are essential partners for anyone managing multiple rental properties in the area. They help ensure legal compliance, maximize tenant-landlord relationships, and more.