Massachusetts Statewide Rule

Massachusetts Statewide Eviction Procedures Under Chapter 239

Heavy RestrictionsApplies statewide across Massachusetts (2026)

MGL Chapter 239 sets uniform statewide summary process eviction procedures for residential tenancies, establishing notice requirements, court process, and tenant defenses applicable in all Massachusetts cities.

Key Facts

Statute: MGL Chapter 239
Nonpayment Notice: 14 days minimum
Tenancy-at-Will Notice: 30 days minimum
Local Just-Cause: Generally preempted

Source: Massachusetts General Court

Full Breakdown

Chapter 239, the summary process statute, controls all residential evictions in Massachusetts. Combined with Chapter 186, Section 12 (notice to quit) and Chapter 186A (foreclosure-related tenancy protections), it requires 14-day notice for nonpayment, 30-day notice for tenancy at will, and proper service before any court action. While Massachusetts does not have a comprehensive statewide just-cause eviction requirement, the Attorney General has held that local just-cause ordinances conflict with Chapter 239 and Chapter 40P, generally rendering them unenforceable absent specific legislative authorization. Several home rule petitions for Boston and Somerville remain pending in 2025.

Violations & Penalties

Improper eviction procedures expose landlords to civil liability under Chapter 186, Section 14 (treble damages, attorney fees) and Chapter 93A consumer protection penalties up to triple actual damages.

Frequently Asked Questions

Can a Massachusetts city require just-cause eviction by local ordinance?

Generally no. The Attorney General has consistently rejected local just-cause eviction ordinances as conflicting with Chapter 239 procedures, requiring special state legislation to authorize such restrictions.

How much notice must a Massachusetts landlord give to terminate tenancy?

Under Chapter 186, Section 12, landlords must give at least 14 days for nonpayment or a full rental period (typically 30 days) for tenancy-at-will terminations, plus court summary process service.

Sources

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Full Breakdown

Frequently Asked Questions

Can a Massachusetts city require just-cause eviction by local ordinance?

How much notice must a Massachusetts landlord give to terminate tenancy?

Under Chapter 186, Section 12, landlords must give at least 14 days for nonpayment or a full rental period (typically 30 days) for tenancy-at-will terminations, plus court summary process service.