What Landlords Should Know About Massachusetts’s Eviction Process

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Are you a landlord in Massachusetts? Want to understand the eviction process in your state? Look no further. We’ve got you covered. This article will guide you through the Massachusetts eviction process from start to finish. We’ll cover serving eviction notices, filing a lawsuit, attending court hearings, and receiving judgments.

You’ll also learn the rights and responsibilities of both landlords and tenants, the role of the sheriff, rules for storing abandoned property, and considerations for evicting squatters.

Get ready to navigate the Massachusetts eviction processwith confidence.

Massachusetts Eviction Notice and Filing Process

To initiate the Massachusetts eviction notice and filing process, you, as a landlord, must serve a Massachusetts eviction notice and file the necessary paperwork with the court. In Massachusetts, there are different types of eviction notices that you can use depending on the situation.

For example, if the tenant hasn’t paid the rent, you can serve them a Rent Demand Notice, which gives them 14 days to pay or quit. If the tenant has violated the lease, you can serve them a Lease Violation Notice, which gives them 7 days to quit.

Massachusetts law doesn’t specify the method of delivery for the eviction notice. Once you have served the eviction notice, you can then file an eviction lawsuit with the court. This involves completing the Summary Process Summons and Complaint form and serving a copy to the tenant.

After the court hearing, the judge will issue a judgment, and if it’s in your favor, the court will issue a writ of restitution. It’s important to note that both parties have the right to appeal the judgment within ten days.

Court Hearing and Judgment

You attend the court hearing and receive a judgment as a landlord in the Massachusetts eviction process. It’s important to bring all necessary documents to the eviction hearing and present your case and evidence to the judge. After hearing both sides, the judge will issue a judgment.

If the ruling is in your favor, the court will issue a writ of restitution, allowing you to regain possession of the property. Remember that either party has the right to appeal the judgment within ten days.

As a landlord, it’s crucial to be prepared for the court hearing and present a strong case to increase your chances of receiving a favorable judgment.

Tenant’s Responsibilities and Rights During Eviction Process

During the eviction process in Massachusetts, it’s important for landlords to be aware of the responsibilities and rights of tenants.

After a judgment is issued, the tenant receives a 48-hour notice to move out.

The sheriff then posts a writ of execution at the tenant’s residence, which includes the sheriff’s signature, court information, and storage details.

The tenant can attempt to satisfy the money judgment by paying rent and court costs, but the landlord may still enforce the judgment even if the tenant pays rent.

The sheriff plays a crucial role in forcibly removing the tenant, executing the judgment between 9 am and 5 pm on non-holiday weekdays.

If the tenant requests a stay of execution, it may be granted for 6-12 months under certain circumstances.

Storage rules for abandoned property aren’t specified by Massachusetts law, but the officer may sell unclaimed belongings after six months for storage cost compensation.

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Sheriff’s Role and Storage Rules

The sheriff plays a crucial role in the eviction process in Massachusetts by executing the judgment and forcibly removing the tenant from the property. Once the landlord obtains a writ of execution from the court, the sheriff carries out the eviction by physically removing the tenant.

It’s important to note that the writ can only be executed on non-holiday weekdays between 9 am and 5 pm. However, under certain circumstances, the tenant may request a stay of execution, which can be granted for 6-12 months if the eviction isn’t the tenant’s fault or due to a disability.

In terms of storage rules, the officer chooses a public warehouse to store abandoned property. Massachusetts law doesn’t specify the duration of storage, but unclaimed belongings may be sold after six months to compensate for storage costs.

Evicting a Squatter and Eviction Costs

Evicting a squatter in Massachusetts involves removing unauthorized occupants from vacant or abandoned properties. Squatters are individuals who occupy a property without permission. In Massachusetts, squatters can be charged as criminal trespassers and evicted.

However, it’s important to note that squatters can claim possession rights if they’ve been living in the property for 20 consecutive years. To establish possession, squatters must meet certain criteria, including hostility, actual residence, open and notorious presence, exclusivity, and continuity. If they meet these criteria, squatters can file for adverse possession to obtain property title.

When it comes to eviction costs, they can vary widely based on the complexity of the case and the circumstances involved. Landlords should also consider other losses, such as lost rent, time, and stress, when estimating eviction costs.


So, there you have it, landlords in Massachusetts. You now have a comprehensive understanding of the eviction process in your state.

From serving eviction notices to attending court hearings and receiving judgments, we’ve covered it all.

We’ve also explored the rights and responsibilities of both landlords and tenants, as well as the role of the sheriff and the rules for storing abandoned property.

Additionally, we’ve provided insights on evicting squatters and estimated eviction costs.

Armed with this knowledge, you can confidently navigate the eviction process in Massachusetts.

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