By Beth Dillman , Attorney University of Idaho College of Law
Updated by Ann O’Connell , Attorney UC Berkeley School of Law
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A landlord in Massachusetts can evict a tenant for a variety of reasons, but the landlord must follow specific rules and procedures; otherwise, the landlord risks having the court dismiss the eviction case. This article will explain the rules and procedures a landlord must follow when evicting a tenant in Massachusetts.
A landlord who wants to remove a tenant in Massachusetts before the lease or rental agreement has expired must have cause —a legally valid reason—to terminate the tenancy. The most common reason for eviction is the tenant's failure to pay rent, although the landlord can terminate a tenancy early for other reasons, such as the tenant's criminal activity or lease violations.
The first step in an eviction for cause is for the landlord to give the tenant a written notice. The type of notice required depends on the landlord's reason for terminating the tenancy.
Here are the basic notice requirements for termination with cause:
When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move.
For month-to-month tenancies, the landlord must give the tenant a 30-day notice letting the tenant know that the tenancy will be ending in at least 30 days. The deadline must terminate the lease on a day that rent is due. If the tenant doesn't move out, the landlord can file an eviction lawsuit. ( Mass. Gen. Laws ch. 186, § 12 (2024).)
Although the landlord might have a valid reason to evict a tenant, the tenant always has the option to fight the eviction. The tenant could also have a valid legal defense, such as the landlord failing to maintain the rental or the landlord discriminating against the tenant. Fighting the eviction could increase the costs of the lawsuit and cause the tenant to remain in the rental unit for longer.
The only way a landlord can evict a tenant is by going to court and winning an eviction lawsuit. Even if the landlord is successful at court, only a law enforcement officer can perform the actual eviction. It is illegal for a landlord to attempt to remove a tenant through any other way.
If the tenant does not move out of the rental unit and a law enforcement officer has to remove the tenant as part of the eviction, then the law enforcement officer will also remove the tenant's belongings and place them in storage.
This will be done at the landlord's expense, but the landlord can try to get reimbursement from the tenant. The storage facility will need to hold onto the property for six months before disposing of it. If the property has value, then it can be sold. The proceeds would go first to any costs owed to the storage facility or landlord, and the rest will go back to the tenant. (Mass. Gen. Laws ch. 239 § 4.)
Landlords must carefully follow all the rules and procedures required by Massachusetts law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.