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Eviction Process
Basic Information
What is an Eviction?
An eviction is the legal process by which a landlord obtains a court order to remove a tenant and any other occupants from a rental property.
Who can evict?
Only the landlord or property owner may initiate an eviction, and even then, only after obtaining a court order. The actual removal of tenants and their belongings must be carried out by a Constable or Sheriff’s deputy.
Who can be evicted?
Evictions apply to the tenant renting the property and any other occupants residing there.
Important in Massachusetts:
It is illegal for a landlord to remove tenants or their belongings without a court order. The court case filed to initiate an eviction is called a Summary Process, and the court order allowing eviction is called an Execution. Even after an execution is issued, only a sheriff or constable may carry out the removal.
Contact us today to learn more about our professional eviction services.
The Four Types of Eviction
1. Non-Payment of Rent - One of the most common reasons for starting an eviction is non-payment of rent. Whether the tenant has a written lease or is a tenant-at-will the landlord must send the tenant a 14-day “notice to quit” before starting the eviction process.
2. For Cause - “For cause” evictions encompass a wide range of injurious behavior by tenants in violation of lease provisions or the law. It could be illegal activity, drug use, excessive noise, uncleanliness, harassment of other residents, non-approved “roommates” and the like.
3. No Fault - A no-fault eviction is conducted in the situation where the landlord wished to have the tenant vacate, although the tenant has not done anything to violate the lease or living agreement.
4. Nuisance -In Massachusetts, a law enacted over 150 years ago, commonly referred to as a nuisance law, gave landlords the right to terminate a tenancy with no notice to the tenant if an apartment was used for prostitution, illegal gambling, or the illegal keeping or sale of alcoholic beverages. This meant that a landlord could skip the notice to quit step in the eviction process and could proceed straight to court to get permission to take possession of an apartment. In 1985, the legislature amended the law to include the possession, sale, or manufacturing of illegal drugs.
What Are The Steps For Evicting My Tenant
The first step in the eviction process is to terminate the tenancy. To do this, you must determine the type of landlord-tenant relationship, also called the tenancy. There are two main types: tenancy-at-will and tenancy under a lease.
Tenancy-at-Will
A tenancy-at-will can be either oral or written. Either the landlord or tenant may terminate a month-to-month tenancy-at-will by providing a written notice to quit of at least 30 days, which must expire at the end of a rental period. Special attention should be given to February, which has fewer than 30 days. For example, serving a notice too late in January may prevent termination effective March 1.
Tenancy Under a Lease
If the tenant has an unexpired lease, review the lease to determine the allowed grounds for termination, notice requirements, and required notice period. When a lease expires, no additional notice to quit is needed, as the lease itself specifies the end date. If the tenancy converts to a tenancy-at-will after the lease expires, a written notice to quit is required to terminate the tenancy.
Non-Payment of Rent
For either type of tenancy, a written 14-day notice to quit is required to terminate for non-payment of rent, unless the lease specifies a different requirement.
Eviction Process
Notice to Quit
Summary Process
Summary Process
The purpose of a Notice to Quit is to formally terminate the tenancy. For the notice to be effective, it must be properly delivered to the tenant.
There are generally three types of Notices to Quit:
- 7-Day Notice – typically for serious lease violations
- 14-Day Notice – commonly used for non-payment of rent
- 30-Day Notice – usually for term
The purpose of a Notice to Quit is to formally terminate the tenancy. For the notice to be effective, it must be properly delivered to the tenant.
There are generally three types of Notices to Quit:
- 7-Day Notice – typically for serious lease violations
- 14-Day Notice – commonly used for non-payment of rent
- 30-Day Notice – usually for terminating a month-to-month tenancy
Special Cases:
Under Section 8, a 60-day Notice to Quit may be required in certain situations.
Summary Process
Summary Process
Summary Process
This step notifies the tenant that a case has been filed against them in court.
After purchasing and completing the form, you will hire a constable to serve it on the tenant. Once the summons and complaint have been served, you must file the documents with the court and pay the required filing fee.
First Tier Court Event
After filing the su
This step notifies the tenant that a case has been filed against them in court.
After purchasing and completing the form, you will hire a constable to serve it on the tenant. Once the summons and complaint have been served, you must file the documents with the court and pay the required filing fee.
First Tier Court Event
After filing the summons with the court, the court will issue a Notice of First Tier Event, which informs you of the scheduled court date. This notice must also be served on the tenants by a constable to ensure they are properly notified of the hearing.
Execution
Summary Process
Execution
The execution is the court document that authorizes the actual eviction. A landlord cannot remove a tenant without the assistance of a constable or sheriff. The officer is required to provide 48 hours’ written notice to the tenant before carrying out the eviction.
Related Links
MassLandLords.net
MassLandLords.net
MassLandLords.net
MassLandlords is the landlord trade association for Massachusetts. We have lease agreements, eviction notices, and every other kind of landlord help you need to run a successful small business. Membership is open to new, current, and prospective owners, managers, and service providers. Join now.
S.W.C.L.A.
MassLandLords.net
MassLandLords.net
SOUTHERN WORCESTER COUNTY LANDLORDS' ASSOCIATION
Landlords Helping Landlords since 1979
A great local organization and a part of the larger Mass LandLords network.
I'm a regular guest speaker there.
R.H.A.G.S.
MassLandLords.net
R.H.A.G.S.
RENTAL HOUSING ASSOCIATION OF GREATER SPRINGFIELD
The Rental Housing Association of Greater Springfield (RHAGS, pronounced “rags”) operates in Springfield and surrounding municipalities. A part of Mass Landlords network.
S.A.H.A.
S.A.H.A.
R.H.A.G.S.
SPRINGFIELD AREA HOUSING ASSOCIATION
over the many years as an association, has grown to encompass a vast network of members, the majority of whose experience ranges from ten to over thirty years in the multi-family industry, as well as those just emerging onto the scene who know "the wheel has already been invented."
SPOA
S.A.H.A.
RHABC
SMALL PROPERTY OWNERS' ASSOCIATION
Who are “small property owners”? We are small landlords, “mom and pop” landlords, who do our own management and repairs without offices and hired personnel. We are the families who own and operate 75% of America’s rental housing.
RHABC
S.A.H.A.
RHABC
RENTAL HOUSING ASSOCIATION OF BERKSHIRE COUNTY
A group of landlords and associates from around the county. The number of units a landlord owns is not a factor in the association. Typically, they own anywhere from 1 to 100 apartments. The organization is run by member volunteers who donate their time to support your rights.