Drafted by Richard Alan Gaudet, Esq. · Massachusetts Landlord Attorney · Landlord Tenant Law
Massachusetts is one of the most tenant-protective states in the country. Evictions here (called “summary process”) are technical, and a single procedural slip can send a landlord back to the start, weeks or months later.
These are the mistakes we see most often.
1. Using the wrong notice to quit. Nonpayment of rent generally calls for a 14-day notice. Ending a tenancy at will for other reasons generally takes 30 days or one full rental period, whichever is longer. A fixed-term lease follows its own terms. The wrong notice can doom the case.
2. Leaving out required paperwork. A notice to quit for nonpayment must be accompanied by the state’s required notice about tenant rights and rental assistance resources. Without proof the form was delivered, the court won’t accept your eviction filing. Missing it is a common and avoidable defect.
3. Not proving the tenant received the notice. Sending it isn’t enough. You need proof of delivery, such as a constable’s or sheriff’s return of service.
4. Accepting rent without a reservation. Taking money after serving a notice can waive the notice unless it’s accepted for “use and occupancy only” with the right language.
5. Getting the court timing wrong. The Summary Process Summons and Complaint has strict service and “entry date” deadlines. A filing outside the window can be dismissed.
6. Ignoring security deposit rules. Mistakes with a security deposit can cost you the right to keep any of it and hand the tenant a counterclaim. Failing to hold the deposit in a separate, interest-bearing Massachusetts bank account, or to return it within 30 days after the tenancy ends, can bring triple damages plus interest and attorney’s fees. Failing to give a receipt within 30 days entitles the tenant to the deposit’s immediate return. That counterclaim can turn a strong eviction case into a loss.
7. Self-help. Changing the locks, removing belongings or shutting off utilities is illegal in Massachusetts, and it exposes the landlord to damages. Only a court-ordered execution, carried out by a sheriff or constable, can remove a tenant.
One more: filing without counsel when you’re a company
If your rental property is owned by an LLC, corporation or partnership, the company must be represented by a Massachusetts-licensed attorney in Housing, District or Superior Court.
Start with the right process
Our step-by-step guide to evicting a tenant in Massachusetts walks through the process from the notice to quit to the court date. If you’re a landlord facing nonpayment or a problem tenancy, contact our office before you serve anything.
About the Author
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, who advises clients on landlord representation and summary process evictions. His practice focuses on professional license defense, business law and litigation, family law, and landlord representation, serving clients across Northern, Eastern, and Central Massachusetts. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
