Securely evict a tenant in Massachusetts with customized eviction notice forms that follow state laws. Create expert legal forms now.
Last Update May 20th, 2023
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- Massachusetts Eviction Notice Types
- Massachusetts Eviction Laws
- Massachusetts Eviction Process
- Massachusetts Eviction Notice Sample
- FAQs About Massachusetts Eviction Notices
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Massachusetts Eviction Notice Types
To evict a tenant successfully in Massachusetts you must present them with the appropriate eviction notice for the circumstances. This allows you to conform with the laws in Massachusetts by providing a legally valid reason for the eviction and the correct amount of notice necessary under MA statutes.
Choosing the right kind of eviction notice is key to removing a tenant quickly. If you don’t follow the legally mandated rules, you may have the eviction overturned or delayed by the local courts.
14-Day Notice to Quit (Non-Payment)
If the tenant fails to pay rent, you can serve them with a 14-Day eviction notice. This requires the tenant to either pay the rent owed or to quit the property within 336 hours.
Assuming the tenant pays the rent within this time given, the notice will be null and void. However, if payment isn’t made, and they still refuse to leave, the landlord can sue the tenant in court.
30-Day Notice to Quit (Non-Compliance)
If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a 30-Day Notice to Quit. This gives them 720 hours to correct the issue or leave the property.
Assuming the tenant corrects the violation, the notice will be rendered invalid. A new eviction warning will need to be issued if other breaches of the contract occur.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who are don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
Massachusetts Eviction Laws
You can only evict someone in Massachusetts if they’ve committed a legally valid breach of the lease under MA statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in Massachusetts means conforming with the following legal requirements:
Nonpayment of rent: 14 days’ notice
Lease violations: 30 days’ notice
Termination of a lease: 30 days’ notice
Illegal Activity: 30 days’ notice
The notice must also be served to the tenant in compliance with the property laws in Massachusetts. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.
Massachusetts Eviction Process
There are a number of crucial steps to follow when evicting a tenant in Massachusetts. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in Massachusetts with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a court judgment execution.
When the court judgment execution has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate in 48 hours.
Massachusetts Eviction Notice Sample
When you prepare your own Massachusetts eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About Massachusetts Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Massachusetts’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Massachusetts?
To successfully evict a tenant in Massachusetts state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days’ notice and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and leave the property as instructed, the landlord will then have to petition a court. If the judge finds in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to Evict a Tenant in Massachusetts with No Lease?
Massachusetts landlords still need to serve a proper eviction notice even if the person residing on the property doesn’t have an official lease. In the case of month-to-month renters, this requires the landlord to provide a 30-Day Notice to Quit, before terminating their holdover or “at-will” tenancy.
How Long is the Eviction Process in Massachusetts?
The eviction process in Massachusetts usually only takes around a month to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to resolve the matter to as little as 14 days from when the notice has been served.