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Constable and Process Server based in Southbridge, Call toll free (844) EVICTS-1
Eviction Process
Basic Information
What is an Eviction?
An eviction is the legal process in 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 can initiate an eviction, and only through the courts. Once a court order is granted, the physical removal of tenants and their belongings must be performed by a Constable or Sheriff’s Deputy.
Who Can Be Evicted?
An eviction applies to the tenant on the lease as well as any other occupants living in the property.
Important in Massachusetts
It is illegal for a landlord to remove tenants or their belongings without a court order. The eviction case is called a Summary Process, and the court order authorizing removal is called an Execution. Even with an execution in hand, 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
- Non-Payment of Rent
One of the most common reasons for eviction is unpaid rent. Landlords must first serve a 14-day Notice to Quit before moving forward in court.
- For Cause
Evictions can be filed when tenants violate the lease or law—for example, illegal activity, drug use, harassment, excessive noise, unsanitary conditions, or unauthorized occupants.
- No-Fault
Landlords may also seek to regain possession of a property even when the tenant has not broken any rules, simply because the landlord wishes to end the tenancy.
- Nuisance
Massachusetts law allows landlords to move directly to court (without notice) if the property is used for prostitution, illegal gambling, alcohol violations, or drug activity.
Need assistance starting an eviction? Contact us today—our team ensures your case is handled professionally, lawfully, and efficiently.
What Are The Steps For Evicting My Tenant
Terminating the Tenancy
The eviction process begins by legally ending the landlord-tenant relationship, also known as the tenancy. In Massachusetts, there are two main types:
Tenancy-at-Will
A tenancy-at-will can be oral or written. Either party may end a month-to-month tenancy by serving a 30-day written Notice to Quit that expires at the end of a rental period. Timing matters—especially in February. For example, if the notice is served too late in January, the tenancy cannot be terminated effective March 1.
Tenancy Under a Lease
If the tenant has an active lease, the lease terms govern termination—including grounds, notice requirements, and notice periods. When a lease naturally expires, no additional notice is required because the end date is already specified. If the tenancy rolls over into a tenancy-at-will, then a written notice to quit is required.
Non-Payment of Rent
For both tenancies, landlords must serve a 14-day written Notice to Quit to terminate for non-payment of rent—unless the lease provides 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 eviction. A landlord cannot lawfully remove a tenant without the assistance of a constable or sheriff. Before the eviction can be carried out, the officer must serve the tenant with a 48-hour written notice.
State law also requires the use of a bonded and licensed moving company auth
The execution is the court document that authorizes the eviction. A landlord cannot lawfully remove a tenant without the assistance of a constable or sheriff. Before the eviction can be carried out, the officer must serve the tenant with a 48-hour written notice.
State law also requires the use of a bonded and licensed moving company authorized for evictions. Only a limited number of these companies operate in Massachusetts. Our office works with several on a regular basis and can help coordinate the right one for your case.