Landlord Eviction Process

In Massachusetts, residential evictions are governed by state law, primarily the Massachusetts General Laws and the Massachusetts Eviction Law. These laws outline the proper legal procedures that landlords must follow if they wish to evict a tenant. Eviction is not as simple as just asking a tenant to leave; landlords must adhere to specific legal steps, and failure to follow them can lead to delays or dismissal of the eviction.

Grounds for Eviction in Massachusetts

A landlord may initiate eviction proceedings for several reasons, including but not limited to:

1. Nonpayment of Rent: If a tenant fails to pay rent, the landlord can start the eviction process after providing the tenant with a Notice to Quit.
2. Violation of Lease Terms: If the tenant violates any terms of the lease or rental agreement (such as unauthorized subletting, illegal activity, etc.), the landlord can file for eviction.
3. No Lease or Expired Lease: If the lease has expired, and the tenant refuses to leave or does not sign a new lease, the landlord can file for eviction.
4. Nuisance or Damage to Property: If the tenant is creating a nuisance, disturbing neighbors, or damaging the property, the landlord may proceed with eviction.
5. Owner Occupancy: In some cases, the landlord may wish to evict a tenant to occupy the property themselves (for example, for a family member).

Eviction Process

The eviction process in Massachusetts typically involves several key steps:

1. Notice to Quit:
   The first step in the eviction process is for the landlord to provide a Notice to Quit. This is a formal notification that the tenant must leave the property within a certain time frame (usually 14 days for nonpayment of rent, or 30 days for other lease violations). For nonpayment, the landlord must also provide a 14-day notice, but the notice must include information about the tenant’s right to pay overdue rent and stop the eviction.
2. Summary Process (Filing the Complaint):
   If the tenant does not leave after the notice period expires, the landlord can file a Summary Process Complaint with the court. This begins the formal eviction process. The court will schedule a hearing where both the landlord and tenant can present their cases.
   • The landlord will submit a complaint and serve the tenant with a summons.
   • The court hearing is usually scheduled within 10 to 14 days after the complaint is filed.
3. Court Hearing:
   At the court hearing, both the landlord and tenant present evidence. If the court finds in favor of the landlord, it will issue a Judgment for Possession, which orders the tenant to vacate the property.
4. Execution for Possession:
   If the tenant does not leave by the date specified in the judgment, the landlord can request an Execution for Possession from the court. This allows a Sheriff or Constable to physically remove the tenant from the property.
5. Eviction (Physical Removal):
   The sheriff or constable will carry out the eviction. The tenant will be given a short period (usually a few days) to remove their belongings, after which they will be forcibly removed if they haven’t already left.

Important Considerations

• Tenant’s Right to Defense: Tenants have the right to contest the eviction in court. They may argue they paid rent, the notice was improper, or there is some other legal defense.
• Tenant’s Right to Cure: In some cases, such as nonpayment of rent, the tenant may be able to “cure” the violation by paying back the rent within a specified period, thus stopping the eviction.
• COVID-19 Protections: Due to the COVID-19 pandemic, temporary protections against eviction were in place for certain tenants. While many protections have ended, tenants may still have some rights depending on their situation.

Special Considerations for Landlords

• COVID-19 Impact: While most eviction moratoriums have expired, tenants who are unable to pay rent due to the pandemic may be protected under certain circumstances. It’s essential for landlords to stay up-to-date on temporary protections or rental assistance programs.
• Security Deposit: Massachusetts law governs the handling of security deposits, and landlords cannot use the deposit to cover unpaid rent unless there is a specific provision in the lease.
• Housing Court: Massachusetts has a specialized Housing Court that handles most landlord-tenant disputes, including evictions. It may be helpful for landlords to consult with legal counsel or a landlord-tenant attorney for assistance with eviction proceedings.

Resources for Landlords

• Massachusetts Trial Court – Housing Court: Provides information on the eviction process, forms, and relevant procedures.
• Massachusetts Legal Aid Resources: Landlords may find resources on proper eviction procedures, including guidance on any legal requirements.

Landlords must follow each step of the process carefully to avoid legal repercussions or delays in eviction. It’s also advisable for landlords to consult with an attorney to ensure compliance with state laws.