How to Evict a Tenant in Massachusetts: Laws, Process, and Timeline
Massachusetts Eviction Timeline 2026: Summary Process, Start to Execution
Massachusetts runs eviction through “summary process” — Housing Court or District Court, entry days tied to specific weekdays, a right to a jury trial, and a post-judgment execution that carries its own notice and timing rules. This page covers that lawsuit. Deposits, repair rights, and lease terms are on our Massachusetts landlord-tenant law guide.
Grounds and Notice Periods
One correction worth leading with: M.G.L. c. 186 § 12 doesn’t set a statutory notice period for lease violations. It covers two different things — ending a tenancy at will on written notice, and a specific 10-day cure right tied to nonpayment for tenants at will. The only other notice-to-quit rules in Chapter 186 (§§ 11 and 11A) are about unpaid rent, so a breach of a written lease runs on whatever the lease itself says.
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment, written lease | 14 days | M.G.L. c. 186, § 11 | Yes — pay or tender all rent then due, with interest and costs of suit, on or before the day the answer is due; the cure window isn’t capped at 14 days |
| Non-payment, tenancy at will | 14 days, with a 10-day right to cure by paying in full | M.G.L. c. 186, § 12 | Yes, but only once in 12 months — a tenant who already used the cure right on an earlier notice doesn’t get it again. The notice must carry the specific statutory language disclosing this right; leave it out, and the tenant’s cure window extends to the court answer date instead |
| No-cause, tenancy at will | 3 months; if rent is payable at intervals shorter than 3 months, the interval between rent days or 30 days, whichever is longer | M.G.L. c. 186, § 12 | N/A — § 12 has no cure provision for a no-fault termination |
| Lease violation, fixed-term lease | Whatever the lease specifies — no separate statutory period | — | Per lease terms |
| Nuisance / listed illegal use (prostitution, illegal gaming, drug dealing, illegal weapons, among others) | No notice period in § 19 — the listed use makes the lease void at the landlord’s election; an injunction still needs notice to the tenant and a hearing | M.G.L. c. 139, § 19 | No — § 19 contains no cure right |
A residential nonpayment notice to quit has to be accompanied by the state’s companion form under c. 186 § 31, and the court won’t accept the summons and complaint for filing without proof that the form was delivered.
The Court Process
- Notice expires. The applicable notice period above has to run before the next step.
- Serve the summons and complaint. Under Uniform Summary Process Rule 2(b), service on the tenant has to happen no later than the 7th day and no earlier than the 30th day before the entry day — and not before the notice period has run.
- Enter the case on a Monday. Every Monday is an entry day, and the case goes on the hearing list for the second Thursday after entry (Rule 2(c)); a court can designate other trial days. Filing goes to Housing Court or District Court.
- Discovery and motions. A contested case can generate discovery requests and motions that add weeks or months before trial.
- Trial. In District Court and Boston Municipal Court, either side can demand a jury of 6 in writing (c. 218 § 19B). Common defenses include retaliation, discrimination, a habitability rent-withholding defense under c. 239 § 8A, and improper notice.
- Judgment and a 10-day appeal window. A landlord who wins gets a judgment for possession; a notice of appeal is due within 10 days of judgment, and no execution can issue before those 10 days pass (c. 239 § 5(a)).
- Execution and its own rules. Once the appeal period (and any stay) passes, the landlord gets an execution — but it isn’t indefinite. Under M.G.L. c. 235 § 23 it can’t be issued later than three months after judgment (court-ordered or agreed stays don’t count), and no officer can levy on it later than three months after it issues. Under c. 239 § 3 the officer must give the tenant at least 48 hours’ written notice of the specific date and time before physically removing anyone, and can’t serve or levy it before 9 a.m., after 5 p.m., or on a Saturday, Sunday, or legal holiday.
- Removal. The constable or sheriff carries out the execution if the tenant hasn’t left.
No single verified figure covers how long the whole process takes — Housing Court dockets and how hard a case is contested move that number more than any flat range does.
What This Costs
Entry fees and constable fees are set by the court and vary by case type — check the current schedule before filing rather than relying on a fixed number here.
What a Landlord Cannot Do
Regaining possession by force without judicial process is a crime under M.G.L. c. 186, § 14 — a fine of $25 to $300 or up to 6 months’ imprisonment — on top of civil liability for actual and consequential damages or 3 months’ rent, whichever is greater. The same section bars willfully cutting off water, heat, light, gas, and the other listed services, with the same 3-months-rent exposure. Retaliation is barred under c. 186, § 18 and c. 239, § 2A: a notice to quit or summary process case within 6 months of a tenant’s code complaint, lawsuit, or tenants’-union activity carries a rebuttable presumption that it’s retaliatory, and the landlord can rebut it only by clear and convincing evidence.
Frequently Asked Questions
Does Massachusetts law set a 30-day notice for lease violations? No — that’s a common misreading of M.G.L. c. 186, § 12, which actually governs no-cause termination of a tenancy at will and a separate 10-day cure right for nonpayment, not lease violations generally. A breach of a written lease runs on whatever notice the lease itself specifies.
How long is a Massachusetts eviction execution good for once it’s issued? Three months (M.G.L. c. 235, § 23). The execution itself also has to be issued within three months of the judgment, not counting stayed periods; after either deadline passes, no sheriff or constable may levy on it.
Can a Massachusetts tenant demand a jury trial for eviction? Yes. In a District Court or Boston Municipal Court summary process case, any party can serve a written demand for a jury of 6 (c. 218, § 19B); skipping the demand waives the jury, and a jury case isn’t docketed until after a pretrial conference.