Why Massachusetts Landlords Should Hire an Attorney Before Starting an Eviction

Evicting a tenant in Massachusetts isn’t as simple as serving a notice to quit.

The eviction process—legally known as summary process—is highly regulated, procedurally complex, and full of potential pitfalls for landlords who try to go it alone. What may seem like a straightforward matter can quickly become a costly, time-consuming ordeal without proper legal guidance.

Whether you’re a seasoned property owner or a first-time landlord, hiring an experienced landlord-tenant attorney before starting an eviction action can save you money, time, and stress. Here’s why legal representation is not just advisable—it’s often essential.

Eviction Law in Massachusetts Is Highly Technical

Massachusetts has some of the most tenant-friendly laws in the country, and even minor procedural mistakes can result in your case being dismissed. The eviction process includes specific notice periods, strict filing deadlines, mandatory court documents, and detailed service requirements. One incorrect step—even something as small as using the wrong form or giving insufficient notice—can delay your case by weeks or months.

A landlord-tenant attorney ensures that every procedural box is checked and that your filing complies with Massachusetts General Laws Chapters 186, 239 and other relevant statutes. This reduces the risk of dismissal or costly do-overs.

Tenants Have Increasing Access to Legal Aid

Thanks to state-funded programs and nonprofit legal aid organizations, many tenants have access to free legal representation, especially in housing court. These attorneys are trained to spot procedural missteps, challenge notices, and raise legal defenses ranging from habitability issues to retaliation and discrimination.

If your tenant shows up with an attorney and you’re unrepresented, you could find yourself at a severe disadvantage. Legal counsel levels the playing field and positions you to respond effectively to any defenses or counterclaims.

An Attorney Can Help You Avoid Unlawful Eviction Claims

Massachusetts law prohibits “self-help” evictions, such as shutting off utilities, changing locks, or removing a tenant’s possessions without a court order. Even if you believe a tenant has abandoned the property or violated the lease, taking matters into your own hands can expose you to significant liability—including punitive damages, attorney’s fees, and court costs.

A landlord-tenant attorney helps you stay on the right side of the law, ensuring that any action you take is legally permissible and documented.

Proper Notice Is Everything—and It’s Easy to Get Wrong

The eviction process typically starts with a notice to quit. However, not all notices are created equal. The type of notice, the language it contains, and the timing of its delivery depend on the reason for the eviction:

• Non-payment of rent requires a 14-day notice, unless the property is subject to the federal CARES Act.
• Lease violations often require a 7-day or 30-day notice, depending on the circumstances.
• No-fault terminations may require a 30-day or longer notice, especially in tenancies at will.

Your attorney will ensure you serve the correct notice, in the correct format, with proper timing—setting a solid foundation for your case.

Strategic Guidance from Start to Finish

Eviction is rarely just about removing a tenant—it’s about minimizing financial loss and regaining control of your property. An attorney can help you evaluate whether eviction is the best route, or if alternatives like a cash-for-keys agreement, mediation, or negotiated move-out date might be more efficient.

If eviction is the only viable option, your lawyer can guide you through:

• Drafting the notice to quit
• Preparing and filing the summary process complaint
• Responding to tenant defenses or counterclaims
• Representing you in court or mediation
• Coordinating with the sheriff for physical eviction if necessary

Having a legal advocate from the outset helps you anticipate obstacles and make strategic decisions that protect your interests.

Court Isn’t the Only Risk—Fair Housing Violations Are Real

Evictions often raise issues of discrimination, especially when tenants belong to a protected class. Under federal and Massachusetts law, landlords may not evict tenants on the basis of race, gender, disability, familial status, source of income (such as Section 8), or other protected characteristics.

Even unintentional actions can appear discriminatory if not properly framed. For example, evicting a tenant with a disability for a lease violation could raise legal issues if you haven’t first considered a reasonable accommodation. A skilled attorney helps you avoid triggering Fair Housing claims, which can carry significant legal and financial consequences.

Post-Pandemic Rules and Regulations Are Still Evolving

In the aftermath of COVID-19, Massachusetts has seen significant changes to housing law, including temporary eviction moratoriums, new notice requirements, and mediation programs. Some of these rules are still evolving through legislation or court decisions. What was standard practice five years ago may no longer be effective—or even legal—today.

An experienced landlord-tenant attorney stays current with changing laws and policies, ensuring your eviction action complies with all relevant updates.

You Could Save Money in the Long Run

While hiring an attorney involves upfront costs, those fees are often far less than what you stand to lose if your eviction is delayed, dismissed, or mishandled. Every extra month that a non-paying or problem tenant remains in your unit is lost rent, not to mention the potential for property damage or legal liability.

By streamlining the process and avoiding errors, an attorney helps you get your property back faster and in better shape—ultimately saving you money.

Final Thoughts: Evictions Are Legal Proceedings—Treat Them That Way

Evicting a tenant is not just a property management decision; it’s a legal process with strict rules and high stakes. Too often, landlords assume they can handle it on their own, only to find themselves mired in delays, litigation, or worse—legal liability for doing it wrong.

Hiring a landlord-tenant attorney before you begin an eviction isn’t just a smart move—it’s a form of risk management. By ensuring you comply with all legal requirements, avoid common pitfalls, and protect your rights as a property owner, an attorney can help you achieve a quicker, cleaner resolution with minimal disruption.

If you’re a landlord in Massachusetts considering eviction, don’t wait until you’re in court to seek legal advice. Consult with an experienced attorney at the start of the process—you’ll be glad you did.

* All blog posts are for informational purposes only and do not constitute legal advice. Reading this post does not create an attorney-client relationship between you and the author or their law firm. The content is intended to provide general guidance on landlord-tenant matters in Massachusetts and may not reflect the most current legal developments. Legal outcomes vary based on individual circumstances, and you should not act or rely on any information contained herein without first consulting a qualified attorney. For advice tailored to your specific situation, please contact a licensed Massachusetts landlord-tenant attorney.