Tenants Not Paying or Damaging Your Massachusetts Rental?
In Massachusetts, a landlord can only remove a tenant through a court case called summary process; lockouts and shutting off utilities are not allowed. In Western Mass, most of these cases go to the Western Housing Court. The process takes weeks to months, so many owners weigh eviction costs against other options, including selling with tenants in place. This page explains the basics only; talk to an attorney about your situation.
What to look for
- Rent weeks or months behind with no payment plan
- Damage well beyond normal wear and tear
- Unauthorized occupants, pets or lease violations
- Neighbor or city complaints about the unit
- Tenants refusing access for repairs or showings
What it costs
| What | Typical cost | Source |
|---|---|---|
| Housing Court summary process filing fee | $135 ($120 plus $15 surcharge) | mass.gov |
| Example total landlord loss on a six-month nonpayment eviction | Well into five figures, including about $8,700 lost rent in the example | masslandlords.net |
| Constable service per visit (example) | About $55 | masslandlords.net |
Ranges are published estimates; your quote depends on the house. Get two or three written quotes.
Massachusetts rules to know
- A landlord can't lock a tenant out or remove them without a judge's order. Notice to quit is generally 14 days for nonpayment and 30 days for other reasons. (source: mass.gov)
- After the notice period ends, the landlord files a Summary Process Summons and Complaint, served by a sheriff or constable; the entry date is 7 to 30 days after service. (source: mass.gov)
- Security deposits can't exceed one month's rent, must be kept in a separate interest-bearing Massachusetts bank account, and deductions for damage need an itemized list sworn under penalty of perjury within 30 days; violations can cost triple damages. (source: malegislature.gov)
- When a rental is sold, the new owner becomes responsible for the tenants' security deposits. (source: malegislature.gov)
- The Western Housing Court has sessions in Springfield, Greenfield, Hadley and Pittsfield and hears eviction and code cases. (source: mass.gov)
Who to call
- A landlord-tenant attorney before serving a notice to quit
- A sheriff or constable to serve court papers
- The Housing Court's mediation program or a community mediation center to try to settle
- A registered home improvement contractor for tenant damage repairs. Check HIC registration: services.oca.state.ma.us
DIY or hire a pro?
Landlords can file eviction cases themselves, but Massachusetts procedure and security deposit rules are strict and mistakes can cost you the case. An attorney is worth consulting, especially if the tenant raises defenses.
If fixing it is more than you want to take on
You can wait until the unit is vacant, repair it and sell at full value, but that can take months. You can also sell with tenants in place to an investor on the open market, or to a cash buyer who takes over the tenancy and the eviction, usually at a lower price.
Want a cash offer on the house as it is?
Western Mass Cash Home Buyers buys houses as-is across Western Massachusetts: no repairs, no cleanout, no fees. You pick the closing date.
Common questions
How long does an eviction take in Massachusetts?
It depends on the case. Notice periods, court dates, mediation, a 10-day appeal window and a 48-hour notice before moving the tenant out can stretch it to several months.
Can I change the locks on a tenant who won't pay in Massachusetts?
No. Only a court can order an eviction, and it's carried out by a sheriff or constable. Talk to an attorney before taking action.
What is summary process in Massachusetts?
It's the court case a landlord files to get possession of a rental. In Western Mass it's usually filed in the Western Housing Court.
Can I keep the security deposit for tenant damage?
Only for damage beyond normal wear and tear, with an itemized list sworn under penalty of perjury within 30 days. Mistakes can expose you to triple damages.
Can I sell my house with tenants in it in Massachusetts?
Yes. The tenancy and the security deposits transfer to the new owner, which is why many investor buyers purchase occupied homes.
What is cash for keys?
It's an agreement where the landlord pays the tenant to move out by a date. It can cost less than a full eviction; get it in writing with an attorney's help.
Related guides: Hoarder house · Dumpsters & junk removal · Code violations & city fines · Vacant house · Failed home inspection · Selling in a divorce · all house problem guides
Sources
Checked September 2026: mass.gov · mass.gov · mass.gov · malegislature.gov · mass.gov · masslandlords.net · services.oca.state.ma.us
General information, not legal, tax, medical or engineering advice. Rules and prices change; confirm with the agency or a licensed professional.