To remove a tenant without the tenant’s agreement a landlord must get permission from the court.39 A landlord cannot evict a tenant by physically removing the tenant or their personal property, or by changing the locks. The landlord must provide notice to the tenant, in most cases this is called a Notice to Quit. The length of the notice depends on the type of tenancy and the reason for eviction. A landlord must then file a civil action (Summary Process Eviction) in court. The tenant may present defenses or file counterclaims.
If the landlord prevails, the landlord may obtain a judgment from the court and, ultimately, an execution document that allows a Sheriff or Constable to conduct a physical eviction. Any personal property belonging to the tenant must be moved to a licensed public warehouse for storage. The landlord is obligated to pay moving fees but is entitled to reimbursement from the tenant. The tenant is allowed a one-time opportunity to claim items of personal or sentimental value from the storage facility and can claim all personal property from the storage facility upon payment of any fees lawfully charged by the storage facility.
Find help and resolve a dispute
If the landlord and the tenant agree, they may take advantage of services offered through the Attorney General’s Office to resolve a dispute that might otherwise result in an eviction. In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant.
If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.
The eviction process
The formal eviction process is called Summary Process. It begins when the landlord serves the tenant with a court document called a