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Owning rental property can be rewarding, but when a tenant stops paying rent or breaks the terms of the lease, it becomes a different story. As a landlord, you’re entitled to protect your investment, and Massachusetts law gives you a legal way to do that. This process is called summary process, and it’s the formal method to evict a tenant and regain possession of your property.
What Does “Summary Process” Mean in Massachusetts?
Summary process is the legal term for eviction proceedings in Massachusetts. It allows a landlord to ask the court to remove a tenant and return possession of the property. While it’s meant to be quicker than other types of lawsuits, it still comes with rules and required timelines.
This process applies to both residential and commercial rental properties. Even if the tenant has clearly violated the lease or failed to pay rent, landlords must follow the correct procedures to avoid delays or dismissal of the case. That’s why it’s so important to take each step seriously.
Common Reasons Landlords File for Summary Process
You can file a summary process case for several reasons, including:
- Nonpayment of rent
- Violations of the lease (such as having unauthorized occupants or causing property damage)
- Tenancy at will ending or holdover tenants (when someone stays after their lease ends)
- No-fault evictions with proper notice (such as deciding not to renew a lease)
Even when your reason is valid, Massachusetts law still protects tenant rights. The court will expect you to show that the process was followed lawfully from start to finish.
Steps in the Summary Process
Here’s how the process generally works from start to finish:
1. Notice to Quit
Before you file anything with the court, you must give your tenant written notice. This is called a “notice to quit.”
- For nonpayment of rent, a 14-day notice is typically required.
- For other types of cases, the notice period may be longer (such as 30 days for a no-fault eviction).
This document must include specific information and be delivered properly. If it’s not, the clock starts over.
2. Filing the Complaint
If the tenant doesn’t move out by the end of the notice period, the next step is to have a constable or sheriff serve the tenant with a Summary Process Summons and Complaint. Only after service is completed can you file the case with the appropriate court. This filing must take place on or before the entry date, which must fall between 7 and 30 days after service.
3. Court Hearing and Judgment
At the hearing, both you and the tenant can present your side. You’ll have the chance to submit evidence and explain why the tenant should be evicted. The judge will make a decision based on the facts and the law. In some cases, tenants may ask for additional time to move out or try to raise defenses. The judge may also encourage a settlement before issuing a ruling.
Either party has the right to appeal the court’s decision within 10 days. If an appeal is filed, the eviction may be delayed while the case is reviewed by a higher court.
4. Execution for Possession
If the court rules in your favor, you’ll receive a document called an “execution.” This allows a constable to remove the tenant if they don’t leave voluntarily. There is a 10-day waiting period before you can use it, and it must be carried out within 90 days.
How Long Does Summary Process Take in Massachusetts?
Timelines can vary. On average, the process takes six to twelve weeks from the date you serve the complaint to the date you regain possession. That said, any errors in the paperwork, tenant defenses, or court scheduling issues can extend the process.
The best way to avoid unnecessary delays is to act quickly, file accurately, and stay organized from the start.
Why Working With a Lawyer Helps
Eviction law in Massachusetts has many rules that must be followed closely. Even small mistakes can reset the process or give the tenant a reason to challenge your case.
We help landlords avoid those pitfalls. When you work with us, we’ll:
- Prepare and serve the correct notice
- File your complaint properly and on time
- Represent you in court and advocate for your interests
- Ensure the execution is handled according to the law
This isn’t something you have to handle on your own. We’ll take care of the legal steps so you can focus on your property and move forward.
Let’s Help You Take the Right Next Step
Summary process may sound intimidating, but it’s simply the legal path to take when you need to evict a tenant. If you’re dealing with unpaid rent, lease violations, or a tenant who won’t leave, we’re ready to help.
Contact LaFountain & Wollman, P.C, today to schedule a consultation. We’ll guide you through the process and protect your rights every step of the way.