What Tenants and Landlords Need to Know About Evictions in Massachusetts
An eviction is a serious legal process, and in Massachusetts, it’s strictly regulated to protect the rights of both landlords and tenants. Whether you’re a property owner or a tenant, it’s important to understand how the eviction process works and what is—and isn’t—allowed under the law.
What is an Eviction?
An eviction is the legal process used by a landlord to remove a tenant (and any other occupants) from a rental property. However, a landlord cannot simply decide to remove a tenant on their own. They must first go through the court system and obtain what’s known as a court order.
In Massachusetts, the legal case a landlord files to begin this process is called a summary process. This is the formal name for an eviction lawsuit.
What the Law Requires
Here’s how the process works in Massachusetts:
- A landlord must file a summary process case in court to begin the eviction.
- If the court agrees with the landlord’s case, it will issue a legal document called an execution. This is the official court order that allows the eviction to proceed.
- Only a sheriff or constable is authorized to enforce the execution by physically removing the tenant and their belongings from the property.
What Landlords Cannot Do
It is illegal for a landlord to try to evict someone without going through the court. This means a landlord cannot:
- Change the locks
- Shut off utilities
- Remove personal belongings
- Physically force a tenant to leave
Doing any of these things without a court order and law enforcement assistance is a violation of Massachusetts law.
Why This Matters
The eviction process protects both parties. For landlords, it offers a clear legal path to regain control of their property. For tenants, it ensures due process and the opportunity to contest the eviction in court.
Need Help or More Information?
If you’re facing an eviction—or considering filing one—contact the law offices of Sclafani & Moriarty at 413-732-8356.
