Massachusetts Eviction Notice Overview
Massachusetts uses a 14-day notice for non-payment of rent under MGL c. 186, Section 11. Massachusetts is one of the most tenant-protective states in the nation and does not use a 5-day notice. Evictions are filed in Housing Court (in counties that have one) or District Court as summary process actions.
Understanding the correct notice period is critical for Massachusetts landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Massachusetts statutory requirements before serving any eviction notice.
14-day
Actual notice period
$180 - $220
Court filing fee
Housing
Court type
6-12 Wks
Total process
Why Massachusetts Uses 14-day, Not 5 Days
Important: Massachusetts Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Massachusetts. Under MGL c. 186, Section 11, the required notice for non-payment of rent is 14-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 14-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Massachusetts is not among them. The 14-day notice requirement in Massachusetts applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Massachusetts law.
If you are a landlord in Massachusetts, ensure your eviction notice complies with MGL c. 186, Section 11 and includes all elements required by Housing Court/District Court. Using our Massachusetts-specific template ensures you have the correct notice period and statutory language.
Massachusetts Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Massachusetts Housing Court/District Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Massachusetts county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 14-day period to pay or vacate as required by MGL c. 186, Section 11
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Housing Court/District Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 14-day clock
How to Serve an Eviction Notice in Massachusetts
Proper service of the eviction notice is essential under Massachusetts law. Housing Court/District Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Massachusetts courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Massachusetts courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 14-day period expires without payment or vacancy, file the eviction complaint at the Housing Court/District Court in the jurisdiction where the property is located.
Massachusetts Eviction Timeline
The eviction process in Massachusetts follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 6-12 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 14-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Massachusetts and can expose the landlord to substantial liability.
Massachusetts Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Massachusetts. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Housing Court/District Court Filing Fee | $180 - $220 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Massachusetts Eviction Notice
Below is a preview of the Massachusetts-specific eviction notice using the correct 14-day notice period required by MGL c. 186, Section 11.
NOTICE TO PAY RENT OR QUIT
STATE OF MASSACHUSETTS
Pursuant to MGL c. 186, Section 11
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Massachusetts Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to MGL c. 186, Section 11, you have 14-DAY from the date of service to pay the total amount due or surrender possession.
MASSACHUSETTS COMPLIANCE
This notice uses the correct 14-day period required by Massachusetts law under MGL c. 186, Section 11. A 5-day notice is not valid in Massachusetts.