Eviction notice rules in Massachusetts
Nonpayment notice
14-day written notice to quit (M.G.L. c.186 §11). Tenant may cure by paying all rent due with interest and costs on or before the day the answer is due in the summary process action. Federally assisted housing tenants may be entitled to 30 days instead of 14.
Lease-violation notice
7-day notice to quit for lease violations/illegal activity (customary form; statute basis in c.186). 30-day notice (or one full rental period, whichever is longer) to end a tenancy at will for any other reason (M.G.L. c.186 §12). NOTE: sources conflict on violation notice (7 vs 30 days) — <em>reported — confirm with a licensed attorney</em>.
Unconditional quit (no second chance)
Yes — 7-day notice to quit for illegal activity on the premises, no cure. Narrow exception: a fixed-term lease that simply expires makes the tenant a 'tenant at sufferance' with no notice required before filing.
No-cause / end-of-tenancy notice
30 days' written notice or one full rental period, whichever is longer, to terminate a tenancy at will without cause (M.G.L. c.186 §12). Local protections (e.g., Boston) may add requirements.
How the notice must be served
Massachusetts does not prescribe a single statutory service method for the notice to quit (<em>reported — confirm with a licensed attorney</em>). Best practice per landlord guides: in-person delivery, certified/regular mail, conspicuous posting at the premises, or leaving with another person. The summary process summons/complaint must be served by a constable or sheriff.
Your right to fix it (cure)
Nonpayment: full payment (rent + interest + costs) on or before the answer due date cures and defeats the eviction (c.186 §11). Lease violations: cure opportunity exists in practice during the notice window, but there is no statutory cure-or-quit scheme for non-rent breaches — <em>reported — confirm with a licensed attorney</em>.
How days are counted
Notice periods run as calendar days (weekends and holidays count).
After the notice expires
Landlord must file a summary process action in Housing Court, District Court, or Boston Municipal Court. Tenant does NOT have to leave when notice expires; self-help eviction (lockouts, utility shutoffs, removing belongings) is strictly illegal. Only a court-ordered execution (served by a constable/sheriff) can remove the tenant.
Court timeline
Uncontested cases: 1–2 months (6–12 weeks typical). Contested cases with discovery or jury trial: 3–6 months. Tenant has robust defenses (warranty of habitability, retaliation) and a right to jury trial.
Retaliation & defenses
Retaliatory eviction prohibited (M.G.L. c.186 §18 — citation unverified, needs attorney review); eviction for reporting violations or joining a tenant union is barred. Discrimination barred by state/federal fair housing law.
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