Massachusetts Eviction Notice Requirements

In Massachusetts, a landlord ending a tenancy for unpaid rent gives a 14-day notice to quit, under General Laws chapter 186, § 11 for a written lease and § 12 for a tenancy at will. For other lease violations, state law doesn't set a single notice period; the lease and the type of tenancy control. Ending a tenancy at will, such as a month-to-month tenancy, takes notice equal to the interval between rent days or 30 days, whichever is longer, under chapter 186, § 12.

Under chapter 186, § 31, every nonpayment notice to quit to a residential tenant must come with the state's form, which gives information about rental assistance and states that the notice is not an eviction; courts won't accept the case without proof it was delivered. A tenant at will who hasn't received a similar notice in the past 12 months can cure by paying the full rent due within 10 days of receiving the notice, and the notice must say so. A tenant under a written lease can cure by paying rent, interest and costs by the answer date in court. Keep proof of delivery.

If the tenant stays after the notice period, the landlord files a summary process case in the Housing Court or District Court. Tenants can raise defenses and counterclaims, including problems with conditions. Massachusetts prohibits self-help: under chapter 186, § 14 and chapter 184, § 18, a landlord may not regain possession by force or cut off utilities, and a violation can cost actual damages or three months' rent, whichever is greater, plus legal fees. Only a sheriff or constable acting on a court execution can remove a tenant.