Massachusetts Eviction Process: 14-Day Notice to Judgment, Step by Step

By Steve Levine · Updated November 4, 2026

Short answer: The Massachusetts eviction process (“summary process”) starts with a written notice to quit: 14 days for unpaid rent under G.L. c. 186, § 12 or § 11, and at least 30 days or one rental period for a no-fault end to a tenancy at will. The landlord then serves a summons and complaint, your written answer is due the first Monday after the Monday entry date, trial follows on the second Thursday, and no execution can issue until 10 days after judgment under c. 239, § 5.

Massachusetts is one of the most tenant-protective states for eviction defense. In a rent or no-fault case, c. 239, § 8A lets you counterclaim for bad conditions and other violations, and you can keep your home by paying any net balance within a week. Since 2024, many eviction records can also be sealed. Here is each stage, in the order you will meet it.

Massachusetts Eviction Process: Quick Reference

Rule	Massachusetts	Statute or rule
Nonpayment, tenant at will	14-day notice; cure within 10 days of receipt if no such notice in prior 12 months	c. 186, § 12
Nonpayment, written lease	14-day notice; cure by paying rent, interest and costs by the answer date	c. 186, § 11
No-fault, tenant at will	Rental period or 30 days, whichever is longer	c. 186, § 12
Service of summons	7 to 30 days before the Monday entry date	Unif. Summ. Proc. R. 2
Answer due	First Monday after the entry date	Unif. Summ. Proc. R. 3
Appeal and execution	Appeal within 10 days; no execution for 10 days	c. 239, § 5
Retaliation presumption	6 months; rebutted only by clear and convincing evidence	c. 186, § 18
Lockout or utility shutoff	Actual and consequential damages or 3 months’ rent, whichever is greater	c. 186, § 14

Notices to Quit and Your Right to Cure

Unpaid rent when you have no lease

For a tenant at will, § 12 lets the landlord end the tenancy for unpaid rent with 14 days’ written notice. If you have not received a nonpayment notice in the prior 12 months, the tenancy does not end if you pay the full rent due within 10 days after you receive the notice. The notice itself must tell you about that right, using language the statute prescribes. A nonpayment notice missing that paragraph is defective.

Unpaid rent under a written lease

Under § 11, a 14-day notice also ends a written lease for nonpayment, but your cure window is longer. You keep the lease if you pay or tender all rent then due, with interest and costs of suit, on or before the day your answer is due in court. If the rent was late because a government check or voucher was delayed, the court must continue the hearing at least seven days.

No-fault and lease-violation endings

Either side may end a tenancy at will with written notice equal to the interval between rent days or 30 days, whichever is longer (§ 12). For lease violations or a lease that simply expires, the lease terms and the general summary process statute, c. 239, § 1, govern; it covers tenants holding “without right after the determination of a lease by its own limitation or by notice to quit or otherwise.”

The Summons and Complaint

After the notice period ends, the landlord picks a Monday entry date and has a sheriff or constable serve you with the Summary Process Summons and Complaint. Under Uniform Summary Process Rule 2, service must happen no later than the seventh day and no earlier than the thirtieth day before entry, and never before the tenancy has actually ended. The case goes on the list for trial on the second Thursday after entry, unless the court uses a different trial day.

Cases are heard in a Housing Court, District Court or Superior Court, all of which § 5 recognizes. Check the summons for the court and the trial date.

Your Written Answer and Counterclaims

Rule 3 requires a written answer captioned “Summary Process Answer,” filed and served no later than the first Monday after the entry day. It must deny every statement you dispute and list your defenses and counterclaims. Missing that date can cost you claims you would otherwise raise.

Defenses and counterclaims that matter in Massachusetts:

Conditions and other violations. In nonpayment and no-fault cases, § 8A lets you claim breach of warranty, breach of a material lease term or any other legal violation. For conditions claims, the landlord must have known of the problem before you fell behind.
Retaliation. Chapter 239, § 2A makes reprisal a defense. Under c. 186, § 18, a non-rent termination notice within six months after a code complaint, a written repair complaint, a lawsuit or joining a tenants’ union is presumed retaliatory. The landlord can rebut that only by clear and convincing evidence.
Defective notice. Wrong length, a nonpayment notice missing the cure paragraph, or summons service before the tenancy ended.
Cure. Paying within the § 12 window, or by the answer date under § 11.
Discrimination. G.L. c. 151B, § 4 bars housing discrimination.

Our landlord retaliation guide walks through the evidence that helps most.

Trial, Judgment and Pay-to-Stay

If the judge finds both sides owe money under § 8A and the landlord’s share is larger, there is no recovery of possession if you pay the clerk the balance due, plus interest and costs, within one week after you receive the court’s written notice of the amount. That is Massachusetts’ built-in pay-and-stay right.

If your rent case is tied to a pending application for emergency rental assistance and a financial hardship, c. 239, § 15 requires the court to grant a continuance and to hold off judgment and execution until the application is approved or denied. Bring proof of the application to court.

After judgment, § 3 also says that if the money judgment in a rent case, plus use and occupancy since judgment, is fully paid, the landlord may not levy on the execution. The landlord is not required to accept that payment, however.

Stays for No-Fault Evictions

When your tenancy ended without fault, § 9 lets the court stay judgment and execution for up to six months in total, or up to twelve months if a household member has a disability or is 60 or older. Under § 10, you must show you cannot find similar housing nearby despite reasonable effort, that you are applying in good faith, and that you will follow the terms the court sets.

Execution, the 48-Hour Notice and Your Property

Under § 5, no execution may issue until 10 days after judgment. At least 48 hours before removing you, the officer must serve written notice of the date and time (§ 3). The notice names the licensed public warehouse where any remaining belongings will be stored and warns that unclaimed property may be auctioned after 6 months. Moves cannot take place before 9 a.m. or after 5 p.m., or on weekends or legal holidays. Storage fees and the warehouse rules are covered in § 4.

Appeals and Bond

Either side must file a notice of appeal within 10 days after judgment (§ 5(a)). To appeal a judgment for possession, the tenant posts a bond the court sets, conditioned on paying accrued and future rent and the landlord’s losses. If you are indigent and have a non-frivolous defense, § 5(e) requires the court to waive the bond, though you must pay rent as it comes due during the appeal. Denials can be reviewed by the Appeals Court single justice or the Appellate Division.

Lockouts and Utility Shutoffs

Chapter 186, § 14 makes it a crime for a landlord to willfully cut off required utilities or services such as heat, hot water or electricity, to interfere with quiet enjoyment, or to try to regain possession by force without judicial process. The criminal fine is $25 to $300 or up to six months in jail. You can also recover actual and consequential damages or three months’ rent, whichever is greater, plus attorney’s fees, and offset it against any rent claim.

How Long It Takes

Stage	Fastest	Typical with defenses
Notice to quit	14 days	30 days or one rental period
Service before entry	7 days	Up to 30 days
Entry to trial	10 days (second Thursday)	Several weeks if continued
Judgment to execution	10 days	Months with a § 9 stay
Levy notice	48 hours	48 hours
Total	About 6 to 7 weeks	3 months or more

Use our eviction notice timeline to plot your own deadlines.

Worked Example: Carlos in Springfield

Carlos rents month to month for $1,500, due on the 1st, and has never had a notice to quit. He receives a 14-day nonpayment notice on November 3 that includes the required cure paragraph. Under § 12 he can stop the eviction by paying the full $1,500 by November 13.

He cannot. The landlord serves a summons on November 19 for a Monday, November 30 entry date. Carlos files his answer by Monday, December 7, counterclaiming under § 8A for a mold problem he reported in writing in September. At trial on Thursday, December 10, the judge awards the landlord $3,000 in rent but credits Carlos $900 for the mold. If Carlos pays the clerk the $2,100 balance, plus interest and costs, within one week of the court’s notice, the landlord does not get possession.

Sealing, Mediation and Help

Under c. 239, § 16, you may petition to seal a no-fault eviction or a case that ended in dismissal or your favor any time after the case ends. Nonpayment cases can be sealed after 4 years without a new case, among other conditions, and fault cases after 7. Our eviction record sealing guide explains how screening companies treat records. Massachusetts has no statewide right to counsel in these statutes, though § 15 requires the trial court to report monthly on pre-trial mediation.

If you move, your deposit rights are in the Massachusetts security deposit law guide. Other states are on the eviction process by state hub.

Frequently Asked Questions

Can I stop a Massachusetts nonpayment eviction by paying?

Yes, at several points. A tenant at will with no nonpayment notice in the past 12 months can pay within 10 days of receiving the notice (§ 12). A tenant with a written lease can pay rent, interest and costs by the answer date (§ 11), and after a § 8A counterclaim you can pay the net balance within a week of the court’s notice.

What happens if I miss the Monday answer deadline?

Rule 3 makes the first Monday after entry the last day to file and serve your answer. Go to trial anyway and ask the judge for leave to file late, because counterclaims and defenses are your strongest tools.

I am 60 and being evicted after my lease ended. How much time can I get?

In a no-fault case, § 9 allows stays of up to twelve months in total for a household member 60 or older or with a disability. You must show under § 10 that you have looked for comparable housing and will meet the court’s conditions.

Do I need money to appeal?

Not if you are indigent and have a non-frivolous defense. Section 5(e) requires the court to waive the appeal bond, though you must pay rent as it comes due during the appeal.

Can the landlord change the locks after winning?

No. Only an officer levying on an execution may remove you, with 48 hours’ written notice under § 3. A landlord who uses force or cuts utilities faces § 14 damages of at least three months’ rent.

This guide is general information, not legal advice. Before your answer date, contact Massachusetts Legal Services or a program listed on LSC’s Get Legal Help page, and bring your notice and summons with you.

Eviction cases are heard in local courts. Our Boston guide names the court that hears evictions in the city and where to get legal help.

Sources

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