Experienced Legal Defense
for Massachusetts Landlords

No. Self-help evictions — such as changing the locks, shutting off utilities, or removing a tenant’s belongings — are illegal in Massachusetts regardless of how badly the tenant has behaved. Landlords who attempt self-help evictions can face significant liability, including triple damages. The only legal path to removing a tenant who refuses to leave is through the courts via the summary process.

A straightforward, uncontested eviction typically takes 6–10 weeks from serving the notice to quit through obtaining an execution. Contested cases — where the tenant files an answer, raises counterclaims, or requests a discovery period — can take 3–6 months or longer. Delays can also occur if the tenant files for a stay of execution or appeals. Attorney Gaudet works to move cases forward as efficiently as possible while protecting your rights at every stage.

Massachusetts law (M.G.L. c. 186, § 15B) limits security deposits to one month’s rent, requires that they be held in a separate, interest-bearing bank account, and mandates a written receipt within 30 days. Landlords must also provide a statement of conditions at move-in. At move-out, the deposit (with interest) must be returned within 30 days, along with an itemized list of deductions. Violations of these rules entitle tenants to triple the deposit amount plus attorney’s fees — making compliance essential.

A notice to quit is the formal written demand telling a tenant to vacate your property. The type required depends on your situation: a 14-day notice to quit is used for non-payment of rent; a 30-day notice (or a notice equal to the rental period) is used for no-fault terminations and most lease violations. The notice must include specific language, be properly addressed, and be served by an approved method. Using the wrong notice type or serving it incorrectly will result in your case being dismissed.

Tenants in Massachusetts frequently raise counterclaims of “breach of the implied warranty of habitability” to defend against eviction or offset rent. These claims can be powerful, especially if there are any outstanding housing code violations. If your tenant raises habitability issues, Attorney Gaudet will help you assess the validity of the claims, document your compliance efforts, and address any legitimate issues while vigorously contesting unfounded counterclaims in court.

Generally, yes — in most of Massachusetts, landlords can decline to renew a lease at the end of the lease term by providing proper notice. However, some municipalities have adopted additional tenant protections, and you cannot decline to renew in retaliation for a tenant exercising their legal rights (such as reporting code violations). Attorney Gaudet can advise on the rules in your specific city or town and ensure your non-renewal notice is legally sound.