Introduction
The Trial Court has changed its procedures to provide for a two-tier process that will enable tenants and landlords to access resources and mediate their disputes in order to preserve tenancies.
A state law enacted on June 16, 2021 contains requirements for notices to quit issued by landlords, and made additional changes to court processes.
More information on the eviction process, and required forms, can be found below.
Important Information (as required under St. 2022 c. 42)
If you are a party to a residential summary process (eviction) case based only on the non-payment of rent, certain protections may apply to you under the law. (See St. 2020, c. 257, as amended by St. 2022, c. 42). Specifically, a residential summary process (eviction) case may be continued (delayed) if:
- the residential summary process (eviction) case is based only on non-payment of rent;
- the non-payment of rent was due to a financial hardship related or exacerbated by the COVID-19 pandemic; and
- a tenant proves, to the satisfaction of the court, a pending application for short-term emergency rental assistance.
In addition, if the three (3) requirements above are met, the court must issue a stay of execution on a judgment for possession (pause a move-out order after a judgment for the landlord). The court must also not enter a judgment or issue an execution (a move-out order) before the emergency rental assistance application has been approved or denied.
Law and regulation
Trial Court administrative and standing orders
Trial Court Administrative Order 21-2: Trial Court order suspending certain provisions of Trial Court Rule I: Uniform Summary Process Rules
Suspends any eviction rules that are not consistent with court standing orders about eviction
Boston Municipal Court Third Revised Standing Order 11-20: Continuation of temporary modifications for summary process cases after the COVID-19 state of emergency
Outlines procedures for eviction cases in Boston Municipal Court
District Court Second Amended Standing Order 10-20: Court operations for the adjudication of summary process cases under the exigent circumstances created by COVID-19
Outlines procedures for eviction cases in District Court
Housing Court Third Amended Standing Order 6-20: Continuation of Temporary Modifications to Court Operations based on the Coronavirus (COVID-19) Pandemic and Recent Legislation affecting Summary Process Cases
Outlines procedures for eviction cases in Housing Court
CDC moratorium information
The Centers for Disease Control and Prevention moratorium on evictions is no longer in effect as of August 26, 2021 as the result of a United States Supreme Court opinion. Certain protections in non-payment eviction cases remain in effect in Massachusetts. See St. 2020, c. 257, as amended by St. 2021, c. 20. Resources about eviction are available online.
Your city or town may have a local eviction moratorium. Please check your city or town's website for information.
Forms
Notice to Quit attestation form and submission information, Executive Office of Housing and Economic Development.
During the COVID-19 state of emergency, landlords that issue a notice to quit for nonpayment of rent to a residential tenant, must also give the tenant, with the notice to quit, a completed form attesting (swearing) to certain facts.
Court forms for eviction
Court forms for use in Boston Municipal Court, District Court, and Housing Court.
Eviction statistical data
All Residential Eviction Cases, Non-Payment of Rent: View new cases filed, plaintiffs, and defendants.
All data is compiled from the Trial Court's case tracking system Masscourts. Dashboard is updated on a weekly basis. For the Boston Municipal and District Courts, cases filed include eviction cases based on grounds other than non-payment of rent. These cases are few and represent a small proportion of eviction cases overall.
| Last updated: | August 30, 2022 |
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