Massachusetts Notice to Quit: 14-Day and 30-Day Eviction Notices

Massachusetts sets specific notice periods and a required accompanying form that make its notice-to-quit rules different from most states. This article covers the two most common notices: the 14-day notice for unpaid rent and the 30-day, or rental-period, notice for ending a tenancy at will without cause. It also explains the cure rights that let a tenant reinstate the tenancy and the form a landlord must attach when the reason is nonpayment. For the broader framework of deposits, leases, and the eviction lawsuit itself, see Massachusetts landlord-tenant law.

What a notice to quit is

A Massachusetts landlord cannot start an eviction by going straight to court. The notice to quit is the document that formally ends the tenancy on a stated date, and delivering it is a prerequisite to filing a summary process case. The notice is not an order to leave, and receiving one does not end a tenant’s right to stay. Only a judge, after a court case, can order an eviction.

The required notice period depends on two things: the reason for the termination and the type of tenancy. A tenancy at will has no fixed end date and continues from one rent period to the next until either side ends it. A tenancy for a term is created by a written lease and runs for the period the lease states; Massachusetts sets its own residential lease requirements on what such a lease can charge and must disclose. The notice rules below apply to each tenancy type differently, so identifying the tenancy type is the starting point.

The 14-day notice to quit for nonpayment of rent

When the reason for the eviction is unpaid rent, the notice period is 14 days for both a tenancy at will and a tenancy under a lease. For a tenancy at will, the 14-day requirement comes from Mass. Gen. Laws ch. 186, § 12. For a tenancy under a lease, it comes from Mass. Gen. Laws ch. 186, § 11.

The two statutes also give the tenant a right to cure, meaning a right to stop the eviction by paying the overdue rent. The mechanics differ by tenancy type.

Under Mass. Gen. Laws ch. 186, § 11, a tenant under a lease who is served a 14-day notice can reinstate the tenancy by paying or tendering all rent then due, with interest and costs, on or before the day the answer is due in the summary process case. That cure window reaches past the 14 days and into the court case itself.

Under Mass. Gen. Laws ch. 186, § 12, a tenant at will who is served a 14-day notice can reinstate the tenancy by paying or tendering all rent due, with interest and costs, within the notice period. That reinstatement right is not available if the tenant received a separate 14-day nonpayment notice during the 12 months before the current one.

The 30-day notice to end a tenancy at will

A landlord can also end a tenancy at will with no fault on the tenant’s part. Mass. Gen. Laws ch. 186, § 12 requires a written notice equal to the interval between rent days or 30 days, whichever is longer. For a tenant who pays rent monthly, that means at least one full rental period, and never fewer than 30 days.

This no-fault notice is often called a 30-day notice, but the operative measure is the rental period. A tenancy with a weekly rent cycle still needs at least 30 days because 30 days is longer than one week. A tenancy with a longer payment interval needs that longer interval.

The 30-day notice applies to tenancies at will, not to leases for a fixed term. A fixed-term lease ends on its own stated date, and a landlord who wants possession at the end of the term generally does not need a separate notice to quit unless the lease or another law requires one. During the term, a lease can be ended early only for a reason the lease or a statute allows, such as nonpayment or a lease violation.

The accompanying form required for nonpayment notices

Massachusetts requires an extra document with every nonpayment notice to quit. As of April 1, 2023, a landlord who issues a 14-day notice to quit for nonpayment to a residential tenant must also give the tenant a completed accompanying form, a requirement set by Mass. Gen. Laws ch. 186, § 31. The form supplied by the Executive Office of Housing and Livable Communities describes rental assistance programs, the trial court rules and standing orders that apply to summary process cases, and the federal or state restrictions on residential evictions in effect. The landlord must also provide documentation of any agreement between the landlord and tenant to repay the overdue rent. A nonpayment notice that omits the required accompanying form can be challenged in the eviction case. ## Delivery, expiration, and what comes next A notice to quit must actually reach the tenant, and landlords commonly use constable or sheriff service, or certified mail, to create a record of delivery. The termination date on the notice is the date the tenancy ends, not a move-out deadline enforced by any officer. If the tenant remains after the notice period runs out and has not cured, the landlord’s next step is to buy and complete a summary process summons and complaint and file the eviction case in the District Court or Housing Court. The court process, not the notice, is what can produce an order for possession. Massachusetts law gives tenants defenses in that case, including improper notice, conditions affecting habitability, and retaliation, which are summarized in the state’s overview of Massachusetts law about eviction. Summary process is also the route an owner uses to remove an occupant who has no tenancy at all, the situation addressed by squatters’ rights in Massachusetts. A pure trespasser has no rent to owe and no cure right, but the owner still recovers possession through the courts rather than by force.

1. Identify the tenancy and the reason

   Determine whether the tenancy is at will or under a written lease, and whether the termination is for nonpayment or no fault. The tenancy type and the reason set the notice period and the cure rights.

2. Use the correct notice period

   Nonpayment uses a 14-day notice under Mass. Gen. Laws ch. 186, § 11 or § 12. A no-fault termination of a tenancy at will uses a notice equal to the rent interval or 30 days, whichever is longer.

3. Attach the accompanying form for nonpayment

   A nonpayment notice to a residential tenant must include the completed accompanying form required by Mass. Gen. Laws ch. 186, § 31, along with any repayment-agreement documentation.

4. Deliver the notice and keep proof

   Deliver the notice in a way that records receipt, such as constable service or certified mail, because service can be contested later in the summary process case.