How do I respond to an eviction notice in Massachusetts?

What Massachusetts law says

Massachusetts law limits eviction timing and requires certain waiting periods. For tenants in a foreclosed property, a foreclosing owner generally may not evict for specified causes until 30 days after the notice required by section 3 is posted and delivered, and the statute lists specific grounds and cure periods M.G.L. c. 186A, § 4. In nonpayment cases, a court must grant a continuance if nonpayment was due to financial hardship and the tenant demonstrates a pending application for emergency rental assistance, and the court may stay execution and delay entering judgment until the assistance application is approved or denied M.G.L. c. 239, § 15. Federal statutes provide additional protections for tenants in properties with federal backing or in HUD programs; for example, certain federally assisted housing programs generally require at least 30 days notice before termination, except in cases posing imminent threats 42 U.S.C. § 12755. The federal bankruptcy automatic stay can halt eviction proceedings while in effect 11 U.S.C. § 362. Massachusetts appellate cases discuss procedural and notice requirements landlords must follow and the effect of noncompliance on eviction actions, see, for example, decisions addressing notice and compliance with grievance or statutory procedures Corcoran Management Co. v. Withers and Cambridge St. Realty, LLC v. Stewart.

What to do

1. A common first step is to read the eviction notice carefully to identify the stated reason and any dates or cure periods.
2. A common option is to check whether special protections apply, such as foreclosure protections under M.G.L. c. 186A, § 4 or continuances for pending emergency rental assistance under M.G.L. c. 239, § 15.
3. A common next step is to file a written answer in the appropriate summary process action and, if applicable, notify the court of a pending emergency rental assistance application.
4. Some people consider whether a bankruptcy filing might trigger the automatic stay under 11 U.S.C. § 362, which can pause eviction actions while the stay is in effect.
5. A common action is to gather documentation that supports any defenses or claims, such as payment records, correspondence about repairs, or evidence of federal/subsidy status.

Grounded in current Massachusetts law

• statuteM.G.L. c. 186A, § 4
• statuteM.G.L. c. 239, § 15
• statute15 U.S.C. § 9058
• statute42 U.S.C. § 12755
• statute34 U.S.C. § 12491
• statute11 U.S.C. § 362
• caseCorcoran Management Co. v. Withers
• caseCambridge St. Realty, LLC v. Stewart
• caseKnott v. Laythe
• caseAdjartey v. Cent. Div. of the Hous. Court Departmentand

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