Either the landlord or the tenant can terminate a month-to-month tenancy-at-will by giving a written thirty (30) days (minimum) notice to quit that must expire at the end of a rental period. A tenancy-at-will can be either oral or written. There are two main types of tenancies: a tenancy-at-will and a tenancy under a lease. You must determine what type of landlord-tenant relationship or “tenancy” you have with your tenant. The first step in the eviction process is to terminate (end) the tenancy. What are the steps for evicting my tenant?
It is important to note that the Sheriff cannot “levy” the execution (force the tenants out) on a weekend or when the court is closed.ġ. The Constable or Sheriff will give the tenant 48 hours to vacate the premises, or else they will physically remove them. The Execution will be handled by the Constable or Sheriff. Once the 10 day appeal period from the judgment awarding possession to the landlord has expired, and the tenant is still in possession, then the landlord can ask the court for an “Execution.” This is the final stage of the eviction process. If the judge rules for the landlord, the tenant will have 10 days to appeal the judgment. If the judge rules for the tenant, the tenant will not be evicted. The landlord should bring all evidence, witnesses, documents, etc. If the tenant does show up, then the landlord and tenant will each be able to present their side of the story to the judge. If the tenant does not show up to the Summary Process hearing, then the landlord wins by default. This will tell the tenant when and where they must appear to contest the eviction. Once the Summary Process case is filed, the Constable or Sheriff will deliver a Summons and Complaint form to the tenant. The Summary Process suit can award the eviction as well as back rent to the landlord, but it will not award other kinds of damages.
This case is filed in the Housing Court, or other court that handles evictions in the jurisdiction where the property sits. Tenants can view helpful pages when they are being evicted> Tenants Help PagesĪfter the 14 days has expired and the tenant is still in possession of the property, the landlord must file an eviction lawsuit against the tenant, called a Summary Process. The landlord should keep copies of it for evidence later. If that is not possible, the landlord should post the notice on the property, AND mail it certified and regular mail. It is recommended that the landlord hand deliver the notice to the tenant with a witness watching. The Notice must be delivered to the tenant in a way that ensures the tenant receives the notice, and in a way that the landlord can prove it. The first step in the Massachusetts Eviction Process is the landlord serving the tenant with a “ Notice to Quit.” If the landlord is evicting a tenant for non-payment of rent, the landlord must serve the tenant with a 14 Day Notice to Quit, unless the lease with the tenant provides some other notice period. Although tedious to read, if you are a landlord in Massachusetts it is worth your time to become familiar with these laws. The laws in Massachusetts covering evictions are found in Chapter 239 of the Massachusetts General Laws. Guide to the Eviction Process in MassachusettsĮviction in Massachusetts: Massachusetts Eviction Laws
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