Massachusetts 60-Day Notice Overview
Massachusetts does not require a 60-day notice by default for standard residential tenancy terminations. Under M.G.L. c. 186 s. 12, a tenancy at will can be terminated by either party with notice equal to the interval between rent payments or 30 days, whichever is longer. For most month-to-month tenancies, this means 30 days notice. Massachusetts\' landlord-tenant laws are among the most tenant-protective in the country.
Massachusetts provides extensive tenant protections including strict habitability standards (the State Sanitary Code), strong anti-retaliation provisions under M.G.L. c. 186 s. 18, security deposit rules requiring interest payments, rent escrow rights, and specialized Housing Courts in major cities. Boston, Cambridge, and Brookline have additional local tenant protections. The eviction process in Massachusetts is deliberately slower and more tenant-friendly than most states, with typical contested cases taking 2-4 months or longer.
30 Days
Statutory default
$135-$240
Court filing fees
Written
Notice required
4-8 wks
Court process
When a 60-Day Notice Applies in Massachusetts
Since Massachusetts's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Many Massachusetts landlords and property management companies include 60-day non-renewal clauses in their leases. In Boston\'s competitive market, the contractual 60-day notice is common and overrides the statutory 30-day minimum.
Section 8 and Subsidized Housing
Massachusetts has extensive public and subsidized housing administered through the Department of Housing and Community Development (DHCD) and local housing authorities. Federal Section 8 programs typically require 60-90 days notice before non-renewal.
Boston and Cambridge Protections
Boston, Cambridge, and other Massachusetts cities have strong tenant advocacy communities. Providing 60 days notice demonstrates good faith and can reduce legal challenges. Massachusetts courts tend to be sympathetic to tenants who receive insufficient notice.
Massachusetts Legal Requirements
Massachusetts's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
Massachusetts Strict Anti-Retaliation Law
Massachusetts has one of the strongest anti-retaliation statutes in the country. Under M.G.L. c. 186 s. 18, if a landlord serves a termination notice within six months of the tenant exercising legal rights (reporting code violations, withholding rent for repairs, organizing), the court presumes retaliation. The burden shifts to the landlord to prove a legitimate reason. Retaliatory evictions can result in treble damages (three times actual damages) plus attorney fees.
Notice Content Requirements
- Written Notice: M.G.L. c. 186 s. 12 requires written notice. Oral notice is not sufficient under Massachusetts law for any tenancy termination
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service. The notice period must be at least one full rental period or 30 days, whichever is longer
- Landlord Contact: Include the landlord or property manager name, Massachusetts mailing address, and telephone number
- Security Deposit Reference: M.G.L. c. 186 s. 15B requires return of the security deposit within 30 days with an itemized statement. Deposits are capped at one month\'s rent and must earn interest
How to Serve a 60-Day Eviction Notice in Massachusetts
Proper service is critical in Massachusetts. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a Massachusetts-specific template referencing M.G.L. c. 186 s. 12. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver to the tenant at the rental premises. Massachusetts courts strongly prefer personal service. Use a constable or process server for formal documentation
Certified Mail Alternative
Send via certified mail with return receipt requested. Massachusetts law requires that mailed notice be sent to the last and usual place of abode of the tenant
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Summary Process Action
After 60 days expire without the tenant vacating, file an eviction action in Housing Court or District Court where the property is located
Massachusetts Eviction Timeline
Massachusetts\' eviction process uses the Summary Process action filed in Housing Court (in cities with Housing Courts) or District Court under M.G.L. c. 239. After filing, the tenant is served with a summons and complaint. The tenant has an entry date (typically 7-10 days) to appear.
Massachusetts Summary Process cases proceed through discovery and trial preparation. The Housing Court may refer cases to mediation. Trial dates can be 2-6 weeks from entry. If the landlord prevails, the court issues an execution (writ of possession). The tenant has 10 days to appeal.
Total court timeline: 4-8 weeks uncontested, 8-16+ weeks contested. Suffolk County (Boston) Housing Court has the heaviest caseload. Combined with the 60-day notice period, the full process spans 12-24+ weeks. Massachusetts is one of the slowest eviction states in the nation.
Massachusetts Filing Fees & Costs
Eviction costs in Massachusetts vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Housing Court Filing Fee | $135 - $240 |
| Service of Process (Constable) | $40 - $100 |
| Attorney Fees | $1,000 - $5,000 |
| Execution (Writ of Possession) | $50 - $100 |
| Levying Officer (Move-Out) | $300 - $800 |
Sample Massachusetts 60-Day Notice
Below is a preview of our Massachusetts-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF MASSACHUSETTS
Pursuant to M.G.L. c. 186 s. 12
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Massachusetts Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
MASSACHUSETTS COMPLIANCE NOTE
Your security deposit, plus accrued interest per M.G.L. c. 186 s. 15B, will be returned within 30 days of vacating with an itemized statement of any deductions. Please provide a forwarding address.