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  • Eviction Process in Massachusetts

    May 9, 2017 | Blog
  • Eviction is stressful, timely and costly process no matter if it's your first or twentieth. Besides legal requirements there is a human element that requires as much attention if not more in the process that is not pleasant for anyone. Biggest mistakes, that can be avoided, are made when landlords are starting to rush and miss important steps and legal requirements that further delay time and increase cost.

    Things landlord can't do when evicting a tenant:

    • Change locks on doors
    • Place tenants possessions outside of the property or in trash
    • Removing tenant by force or threat
    • Harassing tenants

    Below is an example of potential eviction with time and costs associated with it, failure to property prepare and file for eviction can cost a landlord extra time and money.

    • Total Costs and Time
      • Time: ~3 months
      • Cost: ~$3500+(lost rent)
    • Terminate the Tenancy
      • Notice to Quit 14 or 30 days (recommend to hire a constable)
    • File for eviction or Summary process action
      • File the summons and complaint
      • Serve summary process summons and complaint to tenant (recommend to hire a constable)
    • Going to Court
      • Entry Date – notice to quite, summons and complaint and filing fees are filed by this date
        • (Start on a Monday between 7 and 30 days from when the summons was served)
      • Answer Date – the date by when tenant must file an answer with the Court
        • (First Monday after the Entry Date)
      • Trial Date – landlord and tenant go to court
        • Ten days after the entry date if no discovery
        • Postponed by two more weeks if tenant requests discovery (recommend to hire an attorney)
      • Appeal
        • If landlord wins, tenant has 10 days to appeal the judgement
      • Motion for execution
        • If no appeal filed, on eleventh day landlord can get motion for execution
      • Execution Notice Granted
        • Document that authorizes the actual removal of the tenant.
    • Removal of Tenant
      • 48 Hour Notice – note gives tenant 48 hours to vacate the property or be physically evicted
        • Required to hire a constable to deliver 48 hour notice
        • Required to hire moving and bonded storage company to remove and store tenants' belongings
      • Eviction Day – Evictions can only be performed Monday through Friday
        • Requires landlord/manager, constable/sheriff and moving company
    • Change locks
      • Locks can be changed and prepared for new tenants

    Proximas' goal is to help landlords to minimize this time and cost by using established process. Let us help you with your eviction issues. You can call us at 617-819-4434 or through Contact Us page.

    Disclaimer: This information is not legal advice and provided for general informational purposes only. Failure for landlord to property file for eviction or terminate the lease could cause delays and dismissals of the case. We always work with attorneys, constables, sheriffs and movers who are familiar with laws in Massachusetts to make sure eviction completed in the fastest time possible.