The Massachusetts Eviction Process, Step by Step, From the Tenant’s Side

A Massachusetts eviction moves through a fixed sequence: notice to quit, summons and complaint, your written answer, mediation with a housing specialist, trial, judgment, a short window to appeal, and finally an execution that a sheriff or constable can only use after 48 hours’ written notice. At no point before the last step can a landlord make you leave. This guide walks through each stage from the tenant’s side.

Before anything else: what to gather

Start a folder the day you get any paper from your landlord. Put in it:

• Your lease, or anything in writing about the rental if you have no lease.
• Every notice from the landlord, with the envelope, and a note of how and when you got it.
• Rent receipts, bank records, money order stubs, and any ledger the landlord sent.
• Photos and videos of bad conditions, with dates, and any inspection report from the board of health.
• Texts, emails, and letters between you and the landlord or property manager.
• Your security deposit and last month’s rent receipts.
• Your RAFT or other rental assistance application and any confirmation number.

Stage 1: The notice to quit

Almost every eviction starts with a written notice to quit. For a tenant at will behind on rent, it is a 14-day notice. For a tenant at will being ended without fault who pays rent monthly or more often, it is at least 30 days or one full rental period, whichever is longer; for a tenant who pays less often than every three months, it is three months (G.L. c. 186, § 12). For a tenant with a written lease behind on rent, it is at least 14 days’ written notice, or longer if the lease says so (G.L. c. 186, § 11).

Keep the notice and the envelope and note how and when you got it. If the notice is for nonpayment, check your cure rights. A tenant at will who has not had a nonpayment notice in the prior 12 months can cure by paying within 10 days, or by the answer date if the notice did not explain that right (G.L. c. 186, § 12). A lease tenant can cure by paying all rent due with interest and costs by the answer date (G.L. c. 186, § 11). If you are behind because of hardship, apply for RAFT now.

If you fell behind because a government benefit, rent subsidy check, or voucher payment was late, tell the court. In that situation the court must continue the hearing at least seven days, and if all rent due with interest and costs is paid in that time, the tenancy is treated as never ended (G.L. c. 186, §§ 11, 12).

You do not have to move when the notice expires. Only a court can order you out (G.L. c. 184, § 18).

Stage 2: Summons and complaint

After the notice expires, the landlord files a summary process summons and complaint and has a sheriff or constable serve you. The summons names the court, states the deadline for your written answer, and gives your first court date. Find the answer deadline the day you are served.

If the case was filed in a District Court, any party can transfer a case within the Housing Court’s jurisdiction to the Housing Court (G.L. c. 185C, § 20).

Stage 3: Your answer and counterclaims

The answer is your written response and the most important paper you will file. It is where you raise defenses, such as a defective notice, and bring counterclaims.

In a nonpayment case or a no-fault case, G.L. c. 239, § 8A lets you raise any claim arising out of the tenancy for breach of warranty, breach of a material lease term, or violation of any other law. In a for-cause case, § 8A does not apply, but you can still raise retaliation as a defense under G.L. c. 239, § 2A (Campbell v. Abdulla, 105 Mass. App. Ct. 790 (2025)). Common counterclaims include State Sanitary Code conditions the landlord knew about before you fell behind, security deposit violations, retaliation, and discrimination. If the amount the court finds you are owed equals or exceeds what you owe the landlord, there is no eviction. If you owe more, you can still keep your home by paying the balance, with interest and costs, to the clerk of court within one week after you receive the court’s written notice of the amount (G.L. c. 239, § 8A).

File the answer by the date on the summons. The court’s rules also let you request discovery, meaning documents and answers from the landlord, before trial. In Housing Court, a standing order in effect as of October 2026 makes the answer due no later than three business days before the first court event (Housing Court Standing Order 1-23). A late answer is up to the judge.

Retaliation deserves a close look. If the landlord sent the notice to quit or filed the case within six months after you reported code violations, complained in writing, took legal action about conditions, or joined a tenants’ organization, the law presumes retaliation. The landlord can overcome that presumption only by clear and convincing evidence (G.L. c. 239, § 2A).

Stage 4: Mediation with a housing specialist

On the first court date in Housing Court, most cases go first to a housing specialist, a court employee who mediates. Many cases settle here with a payment plan, time to move, repairs, or dismissal.

Do not sign anything you do not understand. Agreements are often written so that one missed payment lets the landlord seek immediate judgment. If your counterclaims are worth more than what is offered, you may be better off at trial.

Stage 5: The RAFT pause in nonpayment cases

If your case is based solely on nonpayment, the nonpayment was due to financial hardship, and you show the court a pending application for emergency rental assistance such as RAFT, the court must grant a continuance, must stay any execution, and may not enter judgment or issue an execution until the application is approved or denied (G.L. c. 239, § 15).

Stage 6: Trial

If the case does not settle, a judge hears it. The landlord has to prove a valid notice, proper service, and the grounds for eviction. You present your defenses and counterclaims with your evidence and witnesses. If you miss trial, the landlord can win by default.

Stage 7: Judgment

If the landlord wins, the judgment is for possession and costs, and for any rent found due (G.L. c. 239, § 3). If you win, the case is dismissed.

Stage 8: Appeal

A tenant who loses has 10 days to file a notice of appeal (G.L. c. 239, § 5). Normally the tenant must post an appeal bond. A tenant who qualifies as indigent under G.L. c. 261, § 27A and has a defense that is not frivolous can move to waive the bond. The waiver motion, with an affidavit of indigency, must be filed together with the notice of appeal inside the same 10-day window (G.L. c. 239, § 5). If the bond is waived, the court orders rent paid in installments while the appeal is pending (G.L. c. 239, § 5). Talk to a lawyer right away if you are considering an appeal.

Keep paying whatever the court orders during the appeal. If a reviewing court sets a bond, deposit, or payment amount and you do not file it with the clerk within five days after notice of that decision, the appeal is dismissed (G.L. c. 239, § 5).

Stage 9: Execution and the 48-hour notice

If no appeal is filed or the appeal fails, the landlord obtains an execution for possession. Even then, the sheriff or constable must give you written notice at least 48 hours before levying on it, stating the date and time and naming the licensed warehouse where any belongings left behind will be stored (G.L. c. 239, § 3). The physical eviction cannot happen before 9:00 a.m., after 5:00 p.m., or on a weekend or legal holiday.

An execution does not last forever. It must issue within three months after judgment, not counting time when it was stayed by court order or a filed agreement, and it must be used within three months after it issues (G.L. c. 235, § 23). In one published case, the Appeals Court ordered an execution recalled because the landlord asked to reissue it after the three-month issuance period had run (Fort Point Investments, LLC v. Kirunge-Smith, 103 Mass. App. Ct. 758 (2024)).

In a nonpayment case, once the money judgment and all use and occupancy accrued since judgment are fully paid, the landlord is barred from levying on the execution (G.L. c. 239, § 3). Once full payment is made, you can ask the court to stop or recall the execution. The landlord does not have to accept the payment, however, and a refusal does not stop the landlord from enforcing the judgment in any lawful way (G.L. c. 239, § 3). If the landlord refuses, keep proof that you offered full payment and ask the Housing Court right away for a stay or other relief.

If your belongings are moved to storage, the warehouse can auction property that is unclaimed after six months. Send the warehouse your current mailing address in writing (G.L. c. 239, § 3).

Stage 10: Stays of execution

If your tenancy was ended without fault on your part, you can apply for a stay of execution. The court may grant stays totaling up to six months, or up to twelve months if the home is occupied by a person with a disability or a person 60 or older (G.L. c. 239, § 9). This stay is not available where the tenancy was ended by a nonpayment notice to quit under c. 186, § 12.

If the landlord skips the court process

A landlord who changes the locks, removes your things, or shuts off utilities to force you out is breaking the law. No one may try to recover possession except through a court case (G.L. c. 184, § 18). If a landlord removes or excludes you 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). See our guide on what to do the same day after a lockout or utility shutoff.

Common mistakes

• Treating the notice to quit as the end. It is the start. Stay, keep paying what you can, and get ready to answer.
• Missing the answer deadline. Defenses and counterclaims you leave out may be lost.
• Signing an agreement you cannot keep. One missed payment can lead straight to judgment.
• Waiting to appeal. The 10-day deadline is strict, and a late motion does not restart it.

Recent Massachusetts appeals decisions

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

• 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.
• 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.
• 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.
• N.L. v. J.P. (Appeals Court, March 4, 2026; unpublished): You cannot appeal a default eviction judgment itself; move to vacate the default, then appeal any denial on time.
• 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.
• Deutsche Bank v. Fewtrell (Appeals Court, October 14, 2026; unpublished): A late motion for reconsideration cannot revive the strict 10-day deadline to appeal an eviction judgment.
• Resnick v. Silva (Appeals Court, August 13, 2025; unpublished): Tenants who did not pay ordered use and occupancy lost their possession appeal but won a RAFT credit.
• 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.
• Waltham Overlook Apartments, LLC v. Arokodare (Appeals Court, May 29, 2025; unpublished): An eviction stood though the tenant’s live-in partner was not named, because she was not a tenant.
• Chatham Lodging v. Eduardo (Appeals Court, April 29, 2025; unpublished): A judge erred in refusing a credit card use and occupancy payment, but later nonpayment still ended the appeal.
• Gill v. Cornacchio (Appeals Court, May 30, 2025; unpublished): An appeal from an agreed move-out judgment filed over a year later was dismissed as untimely.
• 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.
• Missed Your Appeal Docketing Deadline in Massachusetts? (Appeals Court, May 13, 2026; unpublished): An eviction appeal that was never docketed on time was dismissed, even though a hospital stay covered part of the delay.
• Why You Need a Trial Transcript to Appeal an Eviction (Appeals Court, November 3, 2025; unpublished): Occupants who challenged the judge’s factual findings without a trial transcript lost their appeal.
• Can You Appeal a Denied Stay After You Move Out? (Appeals Court, October 14, 2025; unpublished): An appeal of a denied stay became moot once the eviction was carried out.

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

Frequently asked questions

Do I have to move when the notice to quit expires?

No. A notice to quit is not a court order. You can be removed only after judgment, execution, and the 48-hour notice from a sheriff or constable.

I owe more than my counterclaims are worth. Can I still stay?

Yes, if you pay the balance with interest and costs to the clerk of court within one week after you receive the court’s written notice of the amount (G.L. c. 239, § 8A).

Can the sheriff come any time after the landlord wins?

No. The officer must give at least 48 hours’ written notice, and the levy must happen between 9:00 a.m. and 5:00 p.m. on a weekday that is not a legal holiday (G.L. c. 239, § 3).

What happens to my belongings if I am evicted?

The officer places anything left behind in a licensed public warehouse named in the 48-hour notice. You may have to pay storage charges to get it back, and unclaimed property can be auctioned after six months (G.L. c. 239, § 3).

If you have received a notice to quit or a summons, call Doubleday Law at (617) 575-2006 or contact us online before your answer is due.