Massachusetts Court System, File an Eviction Case

Citation: Massachusetts Court System, File an Eviction Case
Jurisdiction: Greenfield (municipal)
Source: Official source
Original Source: https://www.mass.gov/how-to/file-an-eviction-case ↗

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The eviction proceedings follow the same rules in all courts, called the Uniform Summary Process Rules, but there are some different practices among court departments. You should first determine where you want to file your case (see how to file below).
The first step in the eviction process is to end the tenancy with a Notice to Quit (see Find out how to start the eviction process for more information). After the notice period has ended, and the tenancy has been terminated, you can start an eviction case against the tenant.
You must fill out a form called the Summons and Complaint. You must purchase this form from the clerk’s office of the court where you want to file. It isn’t available online, although there is a Summary Process (eviction) Complaint (sample form) available.
After purchasing and filling out this form, you will hire a sheriff or constable to serve it on the tenant. Once the sheriff/constable serves the summons and complaint, you must then file it with the court and pay the filing fee. For more information on this step, see Service of Process in the Boston Municipal Court (BMC), District Court or Housing Court.
There are 4 important dates to keep in mind when you begin an eviction case. If you don’t follow these dates, your case could be dismissed:
Service date
Entry date
Answer date
Trial date

Fees

Name

Fee

Unit

Filing for eviction (in Housing Court)

$120

each

Filing for eviction (District Court/BMC)

$180

each

Surcharge

$15

each

Required summons

each

Summons and Complaint form

each

How to file

In person
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