When rent exceeds the tenant’s ability to pay, they may fall behind on their payments and be subject to formal eviction for nonpayment of rent. Increasing housing market pressure, paired with decreasing resources for tenants at risk of eviction, have contributed to worsening housing instability in Massachusetts since pandemic-era policies were lifted. The effects of rising instability are particularly acute among renters and vulnerable communities.
Residential evictions are legal under Massachusetts law for three reasons: 1) nonpayment of rent; 2) lease violations other than nonpayment of rent, which are referred to as “fault” evictions; and 3) the expiration of a lease or the end of a tenancy at will, which are referred to as “no-fault” evictions. The law requires that a “notice to quit” be filed for all nonpayment and fault eviction filings. If the tenant does not move out, the landlord can file an eviction request with court, and eventually a judge may issue an “execution” of the eviction, which directs the tenant to vacate the apartment and authorizes a compulsory move-out if necessary. Filings often do not result in executed evictions. The eviction process can be time-consuming and costly for both tenants and landlords and often landlords, especially smaller landlords, may use other tactics to avoid eviction, in some cases working with tenants to help keep them in their apartments, or in others using tactics such as “cash for keys” (where a tenant accepts a cash payment to vacate the apartment) to encourage tenants to give up their apartment without a formal eviction filing. Thus, filings and formal evictions are often a small share of forced moves.
Formal evictions and forced moves are bad for households, families, and communities. Research has shown that experiencing an eviction is associated with negative infant and childhood health outcomes. There is also evidence that evictions are associated with an increased risk of homelessness. The loss of housing may also have negative outcomes for children by disrupting school attendance and for adults by disrupting employment. Eviction is concentrated in neighborhoods that are historically disadvantaged. There is also evidence that eviction may negatively impact levels of community engagement, as measured by 311 calls. Furthermore, evidence suggests that increased evictions lead to increased demand on local shelter systems. Black, female-led households are disproportionately impacted by evictions.
During the early days of the COVID-19 pandemic federal and state moratoriums led to historic lows in evictions. Policies aimed at keeping vulnerable families housed worked. However, their effects were temporary and since the lifting of these policies the number of eviction filings has increased. In Massachusetts, for 19 consecutive months (August 2022 to February 2024) eviction filings surpassed average pre-pandemic rates, averaging over 3,000 monthly eviction filings compared to a pre-pandemic average of 2,600. The most common cause of the filings is non-payment; non-payment filings specifically have increased significantly since August 2022. Executed evictions have also been trending higher in recent months. The eviction execution rates for non-payment have averaged 800 eviction executions per month in the state.
In 2023, there were over 35,000 eviction filings for all causes, not just nonpayment. Over 27,000 filings were due to nonpayment, 4,000 were no-cause filings, and the remainder were “for-cause.” In other words, about three out of four eviction filings were due to nonpayment of rent. Over 9,000 of these eviction cases were executed due to nonpayment, and an additional 3,000 for other reasons. This is an increase from over 5,000 in 2022 and around 3,700 in 2021.
There were over 35,000 eviction filings total in 2023 for all actions, not just nonpayment. Over 4,000 were no-cause filings, but the majority of filings were due to nonpayment of rent. About three out of four eviction filings were due to nonpayment of rent. The increase in filings also corresponds with two changes in state policy. First, in April 2022 the Emergency Rental Assistance Program (ERAP) ended. Second, in August 2022 the state reinstated the “notice to quit” requirement for Residential Assistance for Families in Transition (RAFT) applications (a state-funded homelessness prevention program). A notice to quit is a written notice that a landlord provides to the tenant that they intend to end their tenancy. Such a notice is required to access RAFT assistance.
Massachusetts Housing Partnership analysis of the eviction data by municipality and by county estimated there were approximately 17.4 eviction filings per 1,000 rental households. Rates significantly range across counties, with renters in Western and Southeastern Massachusetts having some of the highest eviction filings rates across the state, making people in these regions more vulnerable.
Having an eviction record can be a barrier to finding new housing, especially in tight rental markets. The Affordable Homes Act included a provision that allows tenants to petition a court to seal their eviction records in cases where there is a no-fault eviction, a dismissed case, or the tenant won their case in housing court. The law will go into effect in May 2025.
Unlike in criminal court, tenants are not guaranteed representation in housing court if they cannot afford it. However, there is evidence that representation is associated with better outcomes for tenants. The state provides limited funding for legal help for tenants, and many rely on volunteer legal services and Legal Aid services throughout for assistance when facing eviction.
A major challenge at the state and federal level is a lack of consistent and accessible data collection related to evictions. Improving data collection can help the state better target its resources as it seeks to improve housing stability. It is important to balance protecting the identities of residents with data and policy research needs.