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EVICTIONS
The Constables Office of Massachusetts provides step by step instructions to ensure that service is completed in a timely, proper and efficient manner, from the initial notice to quit to the physical eviction. For your convenience, below you will find step by step instructions in the eviction process beginning with the Notice to Quit. Following the Notice to Quit is the Summary Process Summons & Complaint which sets your court dates. If the court finds in your favor, you will then receive an Execution to Evict or Execution for Possession. This gives the Constable the right to serve your tenant a 48 Hour Notice to evict. (Commercial does not require 48 hour notice). Landlords must follow each step as described as there are no shortcuts in the eviction process.
30 Day Notice to Quit (step one)
A 30 day notice to quit can be used to terminate tenancy for both a tenant at will and a tenant under lease. With a tenant at will you do not need to state a specific reason for terminating the tenancy. A tenant under lease must have violated some provision of the lease to initiate the eviction process which has to be stated in the 30 day notice to quit.
A 30 day notice to quit must give your tenant either a full rental cycle or a minimum of 30 days, This notice must terminate their tenancy on a day in which rent is due. So for example, if rent was due on the 1st of every month, you must serve the tenant prior to the 1st of the month in order to provide the tenant(s) a full thirty days. If the tenants are served after the 1st of the month, you must provide the tenant the remaining of the month and then an additional rental cycle (30 days).
The type of tenancy you have, and the language contained in your lease, will determine the specific language needed in your 30 day notice to quit.
· The 30 day notice to quit should include:
· The Landlord’s name
· Landlord’s address
· Landlords contact information
· The tenant’s name(s)
· The tenant’s address
· You should also add “any and all other occupants” to the list of tenants.
Once the notice is completed a Constables will effectuate service upon your tenant. Although service is not required to be in-hand to the tenant, We make every effort to serve that tenant in-hand. If the tenant is not served in-hand then a copy is left at the last and usual place of abode and a true attested copy is also mailed to tenant’s address.
Once service is completed, our office will provide a Return of Service that will state the date, time, and manner in which the tenant was served. The proof of Service is either mailed to the landlord or other arrangements are made to provide the landlord with the proof of service. Please check your lease for specific language and notice requirements as all leases are not the same.
