Massachusetts Eviction Law at a Glance
State Statute
Mass. Gen. Laws ch. 239, §1 — Massachusetts Summary Process (Eviction)
Notice Periods
- Nonpayment: 14-Day Notice to Quit
- Lease violation: 30-Day Notice to Quit
- Unconditional: 30-Day Notice to Quit
- End of tenancy: 30-Day Notice to Quit (Tenancy at Will)
Available Defenses
- Habitability (Mass. Gen. Laws ch. 239, §8A)
- Retaliation (Mass. Gen. Laws ch. 239, §2A; ch. 186, §18)
- Procedural defects
- Partial payment waiver
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 14 days to pay past-due rent; may cure by paying full amount before answer date
Self-Help Eviction
PROHIBITED — Landlord must use court process (Mass. Gen. Laws ch. 186, §15F)
Court & Filing
Housing Court or District Court
Landlord must file summary process action — specialized Housing Court available in most counties
Complaints: Massachusetts Attorney General Consumer Protection Division
Additional Protections
- Massachusetts has strongest tenant protections in the nation alongside D.C.
- Warranty of habitability is a complete defense to eviction if conditions pre-date nonpayment
- Retaliatory eviction presumed within 6 months of tenant complaint
- Rent withholding permitted for serious habitability defects
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Massachusetts Eviction Response FAQ
How many days do I have to respond to an eviction notice in Massachusetts?
In Massachusetts, the response deadline depends on the type of eviction notice: Nonpayment: 14-Day Notice to Quit; Lease violation: 30-Day Notice to Quit; Unconditional: 30-Day Notice to Quit; End of tenancy: 30-Day Notice to Quit (Tenancy at Will). Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in Massachusetts?
Available defenses in Massachusetts include: Habitability (Mass. Gen. Laws ch. 239, §8A), Retaliation (Mass. Gen. Laws ch. 239, §2A; ch. 186, §18), Procedural defects, Partial payment waiver, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does Massachusetts require landlords to give tenants a right to cure?
Yes. Tenant has 14 days to pay past-due rent; may cure by paying full amount before answer date
Can my landlord evict me without going to court in Massachusetts?
No. Under Mass. Gen. Laws ch. 186, §15F, self-help eviction is prohibited in Massachusetts. Your landlord must file in Housing Court or District Court and obtain a judgment.
What should I include in an eviction response letter in Massachusetts?
Your letter should: (1) identify the notice by date and type, (2) cite Mass. Gen. Laws ch. 239, §1, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in Massachusetts?
File complaints with the Massachusetts Attorney General Consumer Protection Division and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
Select your state to see your specific protections.