Massachusetts Statewide Rule
Massachusetts Statewide Eviction Procedures Under Chapter 239
Key Facts
- Statute
- MGL Chapter 239
- Nonpayment Notice
- 14 days minimum
- Tenancy-at-Will Notice
- 30 days minimum
- Local Just-Cause
- Generally preempted
Summary
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.
Section 12. Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer. Such written notice may include an offer to establish a new tenancy for the same premises on terms different from that of the tenancy being terminated and the validity of such written notice shall not be affected by the inclusion of such offer.
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?
How much notice must a Massachusetts landlord give to terminate tenancy?
Sources
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