How To Evict A Tenant In Massachusetts: Part 1

AN OVERVIEW OF EVICTIONS IN MASSACHUSETTS

Evictions are the number one fear for many rental property owners. They are costly, time consuming, and uncomfortable. While fear may be too strong a response (in our opinion), especially if you take the appropriate steps to minimize their occurrence, it’s still extremely important to make sure you understand the basics in your state. This undoubtedly holds true in a very tenant friendly state like Massachusetts.

NOTE: THE VIDEO BELOW IS PART 1 OF A NEXUS PROPERTY MANAGEMENT VIDEO DOCUSERIES. ADDITIONAL LINKS WILL BE PROVIDED BELOW.

OVERVIEW

Nexus Property Management® has been actively managing rental properties in the Bay State since 2017. Since the natural slowdown and moratoria of Covid, our Worcester office has handled between 50 and 60 evictions in just the last 4 years. The following information is based on those experiences. It’s also important to note that evictions run a very wide gamut of courses and directions. They’re hard to predict going into and your best approach is to take all necessary actions to avoid getting to this point in the first place.

LEARN MORE: 3 TIPS TO MINIMIZE LOSS AND RISK DURING AN EVICTION

HOW BEST TO AVOID HAVING TO EVICT

We’ve written at great expense about the best practices to help minimize the chances you end up with a costly eviction. The first is to take extra time and attention during the leasing process. Getting the right tenant in your rental property is the best thing you can do to limit the likelihood of an eviction. This requires complete background checks and is worth hiring a professional to assist with. Secondly, you need to ensure you’re responsive to maintenance requests. Tenants are most likely to become problematic when they feel they’re not getting the value they’re paying for. Again, there are professional property managers that specialize in taking care of these issues and fostering strong relationships to help mitigate your risks.

LEARN MORE: THE BEST WAY TO AVOID A PAINFUL EVICTION

#1 QUESTION: HOW LONG DOES THE EVICTION PROCESS TAKE?

This is one of those impossible questions to answer with any accuracy or confidence. There are just too many variables. The history of the case, the documentation, the tenant’s specific argument, … there are just so many different paths each case can take. We still run into new twists and turns regularly. If someone guarantees they can get a tenant out in 60 days, “walk away because they’re lying”.

That being said, if you can get a tenant out in 60 to 90 days in MA, that’s a win. You’ll NEED all documentation completed, accurate, and filed correctly. You’ll need the assistance of a strong attorney, and you’ll need a strong enough case that the tenant accepts it with minimal resistance and delay.

But again, there are just so many variables that delay and an extended process are commonplace. To cap that point, in extreme cases, judges have issued 12 month extensions (with stipulations) for tenants that landlords were hoping to have removed.

LEARN MORE: NEXUS INTERVIEWS EVICTION ATTORNEY STEVE CONTI (1.4K VIEWS)

2 TYPES OF EVICTIONS IN MASSACHUSETTS:

In Massachusetts, evictions fall into two different classifications. They are either “For Cause Evictions” or “Not For Cause Evictions”. Notifications and the general process differs based on which route you go. For more information, visit the specific videos linked below.

FOR CAUSE EVICTIONS:

For Cause Evictions are typically the best tool when tenants haven’t paid rent and property owners are hoping to receive back pay. Typically, you can get into court a little quicker by going this route, however, they can also take much longer once you’re in court as you’ve introduced the burden of proving the “cause” you’ve filed for. More often than not, Nexus avoids this path as it can lead to extended legal fees for our clients.

NOT FOR CAUSE EVICTIONS:

Not For Cause Evictions may take a little longer but they’re generally cleaner and less prone to surprises. Most often these are used for Tenants at Will who were occupying a unit on a month to month basis that had been discontinued by the landlord. When tenants refuse to leave after their 30 day notice, a Not For Cause Eviction is the best way to move forward.

LEARN MORE: STATE OF MASSACHUSETTS’ EVICTION WEBPAGE FOR LANDLORDS

EVICTIONS IN MASSACHUSETTS - DOCUSERIES VIDEOS:

Across our Nexus Property Management® franchise offices, our “Eviction” pages are consistently the most visited (after pricing). For that reason, Jesse Mayo is sharing his experiences from his office in Worcester, Massachusetts. This article is a summary of Video #1. You can find the subsequent videos and articles by visiting the links below or by visiting our @NexusPropertyManagement Youtube Channel.

Mick Lefort is the General Manager of Nexus' New Haven County Franchise Office and the Vice President of Operations for Nexus Property Management®, a National Property Management Franchise that manages all types of rental property from single family homes or condos to large apartment buildings and complexes.

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