Overview of the eviction process
Eviction is a process where a landlord tries to remove a tenant from the property the tenant is renting. In each step in the process, you may be able to resolve problems you and your landlord are having. If an eviction case goes to court, you may have to pay court fees. Eviction court cases can also affect your credit and housing histories.
You will often see eviction cases called “summary process” or “summary process eviction” cases.
In general, here’s what happens during an eviction:
- Your landlord gives you a “notice to quit.” The notice to quit will say that the landlord is giving you either 14 days (for non-payment of rent) or 30 days (for other reasons) notice before you need to move out. This doesn’t mean you have to move out. It’s only the first step in the eviction process. Only a court order can force you to move out.
- You can try to resolve your issues with your landlord. For example, if the notice to quit is because you are behind on your rent, paying what you owe may prevent the eviction from moving forward.
- If you can’t resolve things with your landlord, your landlord may take you to court after the time set out in the notice to quit (14 days or 30 days). You’ll know your landlord has started the court process when you receive a “Summons and Complaint” document from a constable or sheriff.
- After you receive the Summons and Complaint, you may write a response to the Complaint and file it with the court. This helps the court understand your side of the story. The Complaint includes instructions for how to file your response with the court.
- You will be notified of the court date by your landlord or by the court itself.
- If you have not resolved the issues with your landlord, you’ll go to court in person. The court location, time, and date will be listed on the Summons and Complaint.
- In court, your case may be resolved by signing an agreement with the landlord. If you can’t reach an agreement, you and the landlord will go to trial. At a trial, the judge (or a jury if you request one) will decide the outcome.
- If the judge decides in favor of the landlord, they may issue an “execution.” This is an order the landlord can use to move the eviction forward. You will have 10 days to appeal the decision, and then the judge gives the execution to the landlord.
- To use the execution, the landlord must hire a sheriff or constable. The sheriff or constable has to give you a written notice 2 days (not including weekends or holidays) before they remove you and your belongings from the property. You may file a motion to stay the execution with the court to ask for more time to move. (A stay of execution is a request to the court to delay the move out.)
- If you don’t move out, the sheriff or constable will take your belongings to a licensed storage facility. You may have to pay fees for storage.
This page describes each of these steps and includes links to mediation services and legal help.
A "notice to quit" is a legal document that starts the eviction process
A “notice to quit” is a legal document the landlord must give you to start the eviction process. It does not mean you have to leave. You should treat it like a warning that the landlord wants to end the tenancy. Only a court order can force you out. You’re allowed to defend yourself in court.
The 2 most common notices are:
- A 14-day notice to quit, which is for nonpayment of rent. If you live in federally-assisted housing, you may get a 30-day notice to quit for nonpayment of rent.
- A 30-day notice to quit can be for various reasons, including a lease violation or the landlord wants the unit back.
Both start the eviction process. Neither type means you need to move out. Only a court order can force you out.
What to do if you get a notice to quit
You can start by talking to your landlord to see if you can work things out.
You can also try mediation. Mediation is a process where tenants and landlords try to resolve their issues with help from a trained mediator (that is, a neutral third party). Mediation can help you avoid a court case, including court fees and having an eviction case on your housing record. Community Mediation Centers offers free mediation services. Most courts also have mediation services available.
If the notice to quit is because you’re behind on rent
- You can contact your landlord to work out a payment plan. You may keep an eviction from happening by paying rent you owe (or “arrears”) by a specified date. Sometimes this is called "curing" an eviction.
- The Residential Assistance for Families in Transition (RAFT) program provides short-term emergency payments (up to $7,000 per year) for eligible families who have fallen behind on rent or are facing eviction or foreclosure. Tenants can start the application, but landlords can, too. Even if your landlord takes you to court, you can’t be evicted if you have a pending RAFT application. If you have applied for RAFT, be sure to tell the court.
You can contact your local Regional Administering Agency (RAA) to learn if you’re eligible for rental assistance. Some RAAs also have Housing Consumer Education Centers (HCECs), which can connect you to resources, information, and services. Contact the RAA or HCEC closest to your home address.
Landlords are required by law to include an accompanying form with a notice to quit for not paying rent. It lists rental assistance programs you might qualify for.
If the notice to quit is a “no-fault” notice to quit
Some notices to quit are “no-fault” notices. This means the landlord wants to end the tenancy for some reason other than your being behind on rent. For example, the landlord might want to sell the property or use it for a family member.
Important: A no-fault notice to quit still means your landlord plans to take you to court. If the case moves forward, you’ll still need to appear in court, and the case will still appear on your housing record.
Get legal help
You may be able to get legal help to prevent eviction.
Preparing for an eviction court case (or a summary process case)
Your landlord can file an eviction case once the date on the notice to quit passes. This means that your landlord must:
- Fill out a Summons and Complaint form (see a sample)
- Hire a sheriff or constable to deliver it to the tenant
- File the Summons and Complaint with the court
Landlords can file in a District Court or Housing Court. Housing Courts are more familiar with housing laws than district or superior court judges. You can request that your case be transferred to Housing Court (though not from Housing Court to a District Court). We can’t tell you what’s right for your case. You should get legal help or check a site like MassLegalHelp to understand your options.
Answering a Summons and Complaint
You should file an answer to the landlord’s Summons and Complaint form. Your answer is an official document you submit to the court for free. In it, you explain your side of the case and dispute any part of the landlord’s case that you disagree with. Follow the instructions on the Summons and Complaint for how and when to file an answer. Keep a copy for yourself. Learn how to respond using an online form.
Preparing for court
You will often see eviction cases called “summary process” or “summary process eviction” cases.
Learn what to bring to court, what to expect, and what your options are for representation (getting a lawyer or representing yourself).
Eviction court cases usually resolve in 1 of these ways:
- The case will be dismissed
- You’ll settle the case with your landlord
- The case will be decided by the court. If your landlord wins, they will be able to start the process of having you moved out.
You will likely have to make multiple appearances at the court. For example, in a Housing Court case, your first court appearance will be to try to resolve your case by mediation. If you can't, then the case may go to trial.
What happens after an eviction trial
If your eviction case is decided by a judge (a bench trial), you’ll receive a copy of the judge’s decision. The decision says who owes money and if you have to leave the property.
- An “Execution” means the eviction can move forward. This means the tenant has 10 days from the date the clerk’s office enters judgment to appeal.
- A “Stay of Execution”: This means the court is postponing the eviction because the eviction is not your fault or you can show that you can’t find a good place to live. If you convince a judge to grant you a Stay of Execution, you’ll be allowed to stay in your apartment for up to 6 months. Elderly or disabled tenants can request a stay of up to a year.
If the court issues an execution, your landlord has 3 months to use it.
Appealing an eviction case
You have 10 days to file an appeal. Appeals are complicated, and you may want an attorney to help you.
Before you can appeal, you may have to pay money you owe (for back rent, for example). If you can’t afford to do this, you can ask the court to waive the money owed. MassLegalHelp has a full description of how appeals work in eviction cases in Massachusetts.
If the eviction moves forward (the tenant has to move)
If your landlord wins the case, you’ll have to move out. If you take too long, your landlord can pay a sheriff or constable to move your things to a storage facility. They can charge you for moving costs and storage costs.
Here’s the timeline for moving out:
- 11 days after the court makes its final decision on your case, the landlord can pay a sheriff or constable to move your things
- The sheriff or constable will give you written notice 2 days before they move your things. They can only move you Monday-Friday between 9 a.m.-5 p.m. (and not on a holiday)
The written notice has to say when they’ll move you out and the name and address of the storage facility they’ll move your belongings to.
Your landlord has to execute the eviction—that is, ask the sheriff or constable to move you out—within 3 months of the getting the court decision.
If you pay your rent before your landlord uses the execution, your landlord can’t have you moved out
Your landlord can’t move you out if all of these are true:
- Your eviction is based on non-payment of rent
- You pay all the rent due before your landlord executes the eviction
- Your landlord accepts it
You may be able to get more time before moving out
You can ask a court to postpone the move out if you’ve received the eviction notice. Learn more about asking for more time before your move out.
You can also try to negotiate with your landlord. For example, you might agree to leave voluntarily if they give you a little more time to find a new place.
If you have to move out
If the sheriff or constable evicts you, they have to put your things in a licensed storage facility. Make sure you have important documents and medicine before this happens in case you have trouble getting to them.
If the storage facility holds your belongings for 6 months without pay, they are allowed to sell it.
Evictions can stay on your housing record and affect your credit history
When you apply for housing in the future, evictions may show up on your housing record.
A court judgment that orders you to pay may also affect your credit history. You can repair your credit if you paid:
- You can ask the other side to sign a “satisfaction of judgment” form and file it with the court
- If they won’t sign and file a “satisfaction of judgment” form, you can file a motion with the court to find that the judgment has been paid
| Date published: | June 28, 2024 |
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| Last updated: | June 28, 2024 |