How to Fight an Eviction in Massachusetts: A Tenant’s Guide

If your landlord is trying to evict you, you have more rights than you may think. Massachusetts eviction law is strict about how landlords must proceed, and many cases have problems a tenant can use. The single most important thing you can do is act quickly. Deadlines in eviction cases are short, and missing one can cost you your defense.

First: only a judge can evict you

Your landlord cannot change the locks, remove your belongings, shut off your heat, water, or electricity, or force you out in any other way. Only a court can order you to leave, and only a sheriff or constable can carry out that order. If your landlord tries a “self-help” eviction, that is illegal under G.L. c. 186, § 14 and c. 184, § 18. Call the police and call a lawyer.

The law backs this up with money. If a landlord removes or locks you out without a valid court order, you can get back in or end the tenancy, and recover three months’ rent or three times your damages, plus attorney’s fees (G.L. c. 186, § 15F). A landlord who willfully fails to provide required heat, water, or other utilities, or who interferes with your quiet enjoyment, owes your actual and consequential damages or three months’ rent, whichever is greater, plus attorney’s fees (G.L. c. 186, § 14). See our guide on what to do the same day after a lockout or utility shutoff.

Step 1: The notice to quit

Before a landlord can file in court, they almost always have to end your tenancy with a written notice to quit. A notice to quit is not a court order. You do not have to move out when it expires. But it starts the clock, so take it seriously.

The type of notice depends on the reason for the eviction.

Nonpayment of rent: 14 days. The landlord must give you a 14-day notice to quit. Depending on your situation, you may be able to stop the eviction by paying what you owe. If you are a tenant at will, you can generally cure by paying within 10 days of receiving the notice, if it is your first 14-day notice in 12 months. If the notice does not tell you about this right, your deadline to pay extends to your Answer date (G.L. c. 186, § 12). If you have a lease, you can generally cure by paying the full balance, with interest and costs, by the date your answer is due in court (G.L. c. 186, § 11).

No-fault: at least one full rental period. If you are a tenant at will and your landlord simply wants you out (for example, the building is being sold), the notice must give you at least one full rental period, or 30 days if that is longer (G.L. c. 186, § 12). Courts also generally require it to end on a day rent is due. If you have a lease, your landlord generally cannot end it early without a reason the lease allows.

For cause. A landlord may try to evict you for breaking the lease, such as unauthorized occupants or serious disturbances. The notice period usually comes from your lease. The landlord will have to prove the violation in court with evidence. You can still defend on the ground that the eviction is retaliation for a recent complaint, such as a board of health report (G.L. c. 239, § 2A; Campbell v. Abdulla, 105 Mass. App. Ct. 790 (2025)).

Notices are often drafted or delivered incorrectly. A defective notice can be a complete defense, forcing the landlord to start over. Keep every notice you receive, along with the envelope and a note of how and when you got it.

Step 2: The court papers

If you have not moved out after the notice expires, the landlord can file a Summary Process Summons and Complaint. A sheriff or constable must deliver it to you. This is the start of the court case.

When you get these papers:

1. Find your deadlines. The court will send notice of your first court date. Your written Answer, any counterclaims, and any request for discovery are due before that date. Under a Housing Court standing order in effect as of October 2026, the Answer is due three business days before the first court event (Housing Court Standing Order 1-23). Do not wait for the hearing to respond.
2. Go to every court date. If you miss court, you can lose by default, even if you have a strong case.
3. Consider the Housing Court. Housing Court now covers all of Massachusetts. If your landlord filed in a District Court or the Boston Municipal Court, you generally have the right to transfer the case to Housing Court, where judges hear only housing cases.

Step 3: Your defenses and counterclaims

This is where many tenants have real power. In nonpayment and no-fault cases, G.L. c. 239, § 8A lets a tenant raise the landlord’s own violations as defenses and counterclaims. If you win, you may keep your home, and your landlord may owe you money. Common claims include:

• Bad conditions. No heat or hot water, pests, leaks, mold, or other State Sanitary Code violations that your landlord knew about.
• Security deposit or last month’s rent violations. Massachusetts has strict rules, and some violations carry triple damages (G.L. c. 186, § 15B).
• Retaliation. If your landlord sends a notice to quit for any reason other than nonpayment within six months after you reported code violations to the board of health, complained about them in writing, or joined a tenant organization, the law presumes retaliation (G.L. c. 186, § 18).
• Discrimination. An eviction based on race, disability, receipt of a housing voucher, children in the household, or another protected status is illegal (G.L. c. 151B, § 4). Disabled tenants may also request a reasonable accommodation.
• Interference with quiet enjoyment. Utility shutoffs, harassment, or repeated failures that make the home hard to live in (G.L. c. 186, § 14).
• Unfair or deceptive practices. Illegal fees or lease terms can support a claim under G.L. c. 93A.

These claims generally must be raised in your written Answer. Raising them on time matters.

A few details make these claims stronger:

• Conditions. For a conditions claim to block the eviction, the landlord must have known about the problem before you fell behind on rent. A board of health inspection notice sent to the landlord is presumed to give that knowledge on the date it was received (G.L. c. 239, § 8A). Get an inspection and keep the report.
• Retaliation in court. In the eviction case itself, filing the case or sending the notice to quit within six months after protected activity creates a presumption of retaliation, and the landlord must rebut it with clear and convincing evidence (G.L. c. 239, § 2A). A retaliating landlord also owes damages of one to three months’ rent, or your actual damages if greater, plus attorney’s fees (G.L. c. 186, § 18). Read more in our guide to the six-month retaliation presumption.
• Chapter 93A. When you raise a Chapter 93A claim as a counterclaim, you do not need to send the 30-day demand letter first (G.L. c. 93A, § 9(3)).

Tenants in public or subsidized housing often have additional protections, including specific notice and grievance requirements. If you have a voucher or live in a housing authority or subsidized building, tell your lawyer right away.

Step 4: Rental assistance can pause your case

If you are behind on rent because of financial hardship, apply for RAFT (Residential Assistance for Families in Transition) or another emergency rental assistance program right away.

Under G.L. c. 239, § 15, in an eviction based solely on nonpayment, the court must grant a continuance if you show you have a pending application for emergency rental assistance, and no eviction can be ordered until that application is approved or denied. Bring proof of your application to court.

Step 5: Mediation and agreements

Most eviction cases resolve by agreement, often with help from a court Housing Specialist. An agreement can give you time to move, a payment plan, repairs, or a fresh start. But read every agreement carefully before you sign. Many are written so that if you miss a single payment or deadline, the landlord can ask the court for an immediate eviction order. A lawyer can tell you whether the terms are fair and whether your counterclaims are worth more than what is being offered.

Step 6: If you lose

Losing at trial is not always the end.

• Ask for more time. If your tenancy ended through no fault of your own, a judge can give you up to six months to move, or up to twelve months if someone in the household is disabled or 60 or older (G.L. c. 239, §§ 9 and 10).
• Appeal. You may be able to appeal, but the deadlines are very short.
• Know the move-out notice. A sheriff or constable must give you at least 48 hours’ written notice before carrying out an eviction (G.L. c. 239, § 3).

On appeal, you must file a notice of appeal within 10 days after judgment. A tenant who cannot afford the appeal bond and has a defense that is not frivolous can ask the court to waive it, but the request must be filed with the notice of appeal inside the same 10 days. If the bond is waived, you will be ordered to pay rent as it comes due while the appeal is pending (G.L. c. 239, § 5).

What to bring to court

• Your lease and every notice, with envelopes.
• Proof of every payment, and the landlord’s ledger if you have one.
• Dated photos and videos of conditions, and any inspection report.
• Your RAFT application and confirmation.
• Three copies of each document: for you, the landlord, and the court.

Common mistakes

• Filing no Answer. Defenses and counterclaims left out of the Answer can be lost.
• Withholding rent without notice. Conditions claims work best when the landlord knew about the problem before you fell behind. Put repair requests in writing.
• Missing the 10-day appeal deadline. Late appeals are usually dismissed.

What to do today

1. Do not ignore any paper from your landlord or the court.
2. Keep copies of your lease, notices, rent receipts, texts, emails, and photos of conditions.
3. If you are behind on rent, apply for RAFT now.
4. Find your Answer deadline and your first court date.
5. Talk to a lawyer before your Answer is due.

Recent Massachusetts appeals decisions

These recent Massachusetts appellate decisions apply the rules above. Unpublished Rule 23.0 decisions are persuasive only, not binding precedent.

• Campbell v. Abdulla (Appeals Court, August 21, 2025): A tenant may raise a retaliation defense in a for-cause eviction; section 8A does not bar it.
• DeSimone v. Tarasuik (Appeals Court, January 17, 2025; unpublished): A judge cannot bar a tenant’s retaliation defense and counterclaims by recasting a nonpayment case as for cause.
• Pennetti v. Beauregard (Appeals Court, January 24, 2025; unpublished): A no-fault notice served within six months of a tenant’s small claims case was presumed retaliatory.
• S-K Management Co. v. Casalinuova (Appeals Court, March 18, 2026; unpublished): A managing agent has no standing to evict, and the judge wrongly made the tenant prove retaliation.
• PRI Glen Grove v. Laffan (Appeals Court, September 1, 2026; unpublished): An eviction was vacated because the judge may have rejected an accommodation defense only for lack of medical records.
• One North of Boston LLC v. Thakkar (Appeals Court, July 11, 2025; unpublished): An eight-month delay fixing a rotted floor after written notice breached habitability and quiet enjoyment.
• Baystone Revere v. Omidiji (Appeals Court, June 9, 2026; unpublished): A tenant could not undo a mediated agreement for judgment even though the notice to quit omitted required information.
• ASA Valentine, LLC v. Gordon (Appeals Court, June 5, 2025; unpublished): A tenant who left the courthouse before her trial was called could not get the default vacated.
• Phillips Street Greenfield Realty v. Kimplin (Appeals Court, February 5, 2026; unpublished): A move-out agreement that lets you ask for a stay requires the judge to consider it, not grant it.
• AvalonBay Communities, Inc. v. Vardenski (Appeals Court, July 20, 2026): A landlord cannot offset its own lease-based fee award against a tenant’s Chapter 93A attorney’s fee award.
• 133 West Main Street Realty, LLC v. Kimball (Appeals Court, February 14, 2025): An LLC renting one house was in trade or commerce; a harmless utility violation earns nominal damages plus fees.
• Hayastan Industries v. Guz (Appeals Court, October 7, 2026; unpublished): Accepting monthly payments without reserving rights created a tenancy at will; demanding much more violated Chapter 93A.
• Withheld Rent for Repairs and Still Evicted? Here Is Why (Appeals Court, June 4, 2026; unpublished): Tenants who withheld rent over repairs were evicted after the jury believed the landlord’s evidence that the problems were minor.
• Landlord Lockout Case: Why Your Proof and Timing Matter (Appeals Court, February 18, 2026; unpublished): A tenant who sued over a lockout lost because the judge did not believe his testimony and he raised new claims too late.
• Can You Be Evicted for a Guest’s Conduct in MA? (Appeals Court, January 13, 2026; unpublished): A subsidized housing tenant was evicted after her visiting son attacked an on-site maintenance supervisor.

For more, see our summaries of 2026 Massachusetts appeals decisions and 2025 Massachusetts appeals decisions.

Frequently asked questions

Can my landlord change the locks if I am behind on rent?

No. A landlord must go to court. A lockout without a valid court order entitles you to get back in and to recover three months’ rent or three times your damages, plus attorney’s fees (G.L. c. 186, § 15F).

What if I cannot pay the rent because I am waiting on RAFT?

Bring proof of your pending application to court. In a case based solely on nonpayment caused by financial hardship, the court must continue the case and cannot enter judgment until the application is decided (G.L. c. 239, § 15).

How long do I have to appeal?

Ten days after judgment (G.L. c. 239, § 5). If you need the bond waived, file that request with the notice of appeal inside the same 10 days.

Can I get more time to move if I lose?

If the tenancy ended through no fault of yours, you can ask for a stay of up to six months, or up to twelve months if someone in the home has a disability or is 60 or older (G.L. c. 239, § 9). The stay is not available when the tenancy was ended by a nonpayment notice to a tenant at will.

If you have received a notice to quit or court papers, call Doubleday Law at (617) 575-2006 or contact Doubleday Law now. The earlier we talk, the more options you have.