Massachusetts Statewide Rule
Massachusetts Eviction Notice & Summary Process (M.G.L. c. 186 §§ 11–12; c. 239)
Key Facts
- Nonpayment notice
- 14-day notice to quit (c. 186 § 11 / § 12)
- Tenant right to cure
- Pay rent due (with interest/costs) before answer; 10-day cure for tenants at will once per 12 months
- Court process
- Summary process under M.G.L. c. 239 § 1
- Self-help eviction?
- Illegal: court execution required
- Statutes
- M.G.L. c. 186 §§ 11–12; c. 239
Summary
For nonpayment of rent, Massachusetts requires a 14-day notice to quit under M.G.L. c. 186 § 11 (leases) or § 12 (tenancies at will). After the notice expires, the landlord must bring a summary process (eviction) case in court under c. 239: self-help eviction is illegal.
Section 11: Determination of lease for nonpayment of rent Section 11. Upon the neglect or refusal to pay the rent due under a written lease, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease, unless the tenant, on or before the day the answer is due, in an action by the landlord to recover possession of the premises, pays or tenders to the landlord or to his attorney all rent then due, with interest and costs of suit. If the neglect or refusal to pay the rent due was caused by a failure or delay of the federal government, the commonwealth or any municipality, or any departments, agencies or authorities thereof, in the mailing or delivery of any subsistence or rental payment, check or voucher other than a salary payment to either the tenant or the landlord, the court in any such action shall continue the hearing not less than seven days in order to furnish notice of such action to the appropriate agency and shall, if all rent due with interest and costs of suit has been tendered to the landlord within such time, treat the tenancy as not having been terminated. Register for MyLegislature Register With An Existing Account Register With Your Email Address Sign in to MyLegislature Sign In With Your Facebook or Google+ Account Sign In With Your MyLegislature Account Learn More Here! »
Full Breakdown
Massachusetts requires a written notice to quit before eviction. For nonpayment of rent, M.G.L. c. 186 § 11 (leases) and § 12 (tenancies at will) both provide that "fourteen days' notice to quit" in writing is sufficient to terminate the tenancy. Tenants generally have a right to cure: under § 11, paying "all rent then due, with interest and costs of suit" before the answer is due preserves the tenancy; under § 12, a tenant at will who received no similar notice in the prior 12 months may pay the full rent due within 10 days of receipt. After the notice period, the landlord files a summary process action under M.G.L. c. 239 § 1 to recover possession; only a court-issued execution, served by a sheriff or constable, can lawfully remove a tenant.
Violations & Penalties
Self-help eviction (lockouts, utility shutoffs, removing belongings) is illegal and exposes the landlord to liability, including treble damages or up to three months' rent plus costs and attorney's fees under M.G.L. c. 186 § 14.
Frequently Asked Questions
How many days' notice for nonpayment eviction in Massachusetts?
Can I stop a Massachusetts eviction by paying the rent I owe?
Can a Massachusetts landlord lock me out without going to court?
Sources
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