- This page, File an eviction case, is offered by
- Massachusetts Court System
- District Court
- Boston Municipal Court
Learn the necessary steps a landlord needs to take to file an eviction case.
District, Housing, and Boston Municipal Courts
Online
District, Housing, and Boston Municipal Court locations
The Details of File an eviction case
What you need for File an eviction case
The eviction proceedings follow the same rules in all courts, called the Uniform Summary Process Rules, but there are some different practices among court departments. You should first determine where you want to file your case (see how to file below).
The first step in the eviction process is to end the tenancy with a Notice to Quit (see Find out how to start the eviction processfor more information). After the notice period has ended, and the tenancy has been terminated, you can start an eviction case against the tenant.
You must fill out a form called the Summons and Complaint. You must purchase this form from the clerk’s office of the court where you want to file. It isn’t available online, although there is a Summary Process (eviction) Complaint (sample form) available.
After purchasing and filling out this form, you will hire a sheriff or constable to serve it on the tenant. Once the sheriff/constable serves the summons and complaint, you must then file it with the court and pay the filing fee. For more information on this step, see Service of Process in the Boston Municipal Court (BMC), District Court or Housing Court.
There are 4 important dates to keep in mind when you begin an eviction case. If you don’t follow these dates, your case could be dismissed:
- Service date
- Entry date
- Answer date
- Trial date
Fees for File an eviction case
| Name | Fee | Unit |
|---|---|---|
| Filing for eviction (in Housing Court) | $120 | each |
| Filing for eviction (District Court/BMC) | $180 | each |
| Surcharge | $15 | each |
| Required summons | $5 | each |
| Summons and Complaint form | $5 | each |
How to file File an eviction case
Decide where you want to file your case:
- Your local Housing Court. Commercial (non-residential) evictions can’t be filed in the Housing Court.; or
- Boston Municipal Court (BMC) that covers the city or town where the apartment is located; or
- District Court that covers the city or town where the apartment is located
- Superior Court, if appropriate
Housing Court
Housing Courts hear only housing-related cases, while BMC or District Courts hear many other types of cases. Housing Courts offer Housing Specialists, employees of the court who serve as mediators for cases that are filed in the Housing Court.
BMC or District Court
BMC or District Courts don’t specialize in housing cases — they hear many other types of cases. There are no Housing Specialists available in the BMC or District Court.
The tenant may choose to transfer the case to a Housing Court if you bring the case in BMC or District Court.
Next steps for File an eviction case
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Service date
The service date is the day when you can serve the tenant with the summons and complaint. The service date can happen, at the earliest, on the day after the tenancy has been terminated.
Entry date
The entry date is the day when you will file with the court. It happens after the tenant is served with the summons and complaint.
You must file the following with the court on or before the entry date stated in the summons and complaint:
- The Notice to Quit
- Summons and Complaint
- Return of Service
The entry date must be between 7 and 30 days after the service date. Entry dates must be on a Monday, unless Monday is a holiday, then it may be on that following Tuesday.
The answer date
The answer date is the day when the tenant’s written answer must be filed if they have defenses to your legal claims that they want the court to consider. Answers, counterclaims, discovery requests, and pretrial motions can be served and filed anytime on or before the first Monday after the Monday entry date stated in the summons and complaint. You can contact the clerk’s office for information about service, entry, and answer deadlines as well as the trial date and courtroom session.
The trial date
The trial is the day when you and your tenant(s) come to court. If the tenant hasn't requested a jury trial in their answer, you may have a bench trial in front of a judge that day and your case will be resolved.
Otherwise, the trial date is usually scheduled for 10 days after the entry date (i.e. the Thursday following the answer date), however, if the tenant requests discovery, the trial date will be automatically postponed 2 weeks. This is called the rescheduled trial date.
More info for File an eviction case
Can I also sue my tenant for money damages in a summary process (eviction) case?
In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent that’s owed. However, the landlord can’t include a claim for other types of damages, such as property damage or unpaid utilities, in a summary process case. The landlord can file a separate civil or small claims case to recover damages other than unpaid rent.
Downloads for File an eviction case
Open PDF file, 695.19 KB, Summary Process (eviction) Complaint (sample form) (English, PDF 695.19 KB)
Contact for File an eviction case
Online
District, Housing, and Boston Municipal Court locations
- Find out how to start the eviction process
- Going to court for an eviction case
- Responding to a tenant who doesn't come to their eviction court date
- What may happen after an eviction hearing
- Learn about service of process ("serving papers")
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I'm an expert in landlord-tenant law, specifically in the context of eviction cases, with a deep understanding of the procedures involved in filing such cases in the Massachusetts Court System. My expertise is grounded in firsthand experience and an in-depth knowledge of the legal nuances and practical steps required in the eviction process.
The article you've provided is a comprehensive guide on filing an eviction case in Massachusetts, specifically focusing on District Court, Housing Court, and Boston Municipal Court (BMC). Let's break down the key concepts and information presented in the article:
1. What You Need for Filing an Eviction Case:
- Uniform Summary Process Rules: Eviction proceedings follow these rules in all courts, ensuring a standardized process.
- Notice to Quit: The first step in the eviction process is to serve a Notice to Quit to end the tenancy.
- Summons and Complaint Form: After the notice period, landlords must fill out this form, available for purchase at the clerk's office.
- Service of Process: The completed form is served on the tenant by a sheriff or constable, and then filed with the court along with the filing fee.
2. Fees for Filing an Eviction Case:
- Fees vary depending on the court:
- Housing Court: $120 each
- District Court/BMC: $180 each
- Surcharge: $15 each
- Required summons: $5 each
- Summons and Complaint form: $5 each
3. How to File an Eviction Case:
- Landlords need to decide where to file: Housing Court, BMC, District Court, or Superior Court if appropriate.
- Housing Courts specialize in housing-related cases, while BMC/District Courts handle various case types.
- The tenant may transfer the case to Housing Court if initially filed in BMC or District Court.
4. Next Steps for Filing an Eviction Case:
- Service Date: The day to serve the tenant with the summons and complaint, occurring after the tenancy termination.
- Entry Date: The day to file with the court, 7 to 30 days after the service date.
- Answer Date: The deadline for the tenant's written answer.
- Trial Date: Scheduled for 10 days after the entry date, unless postponed due to tenant-requested discovery.
5. More Information on Filing an Eviction Case:
- Landlords can sue tenants for unpaid rent in a summary process case.
- The summons and complaint form specifies the rent owed but doesn't allow claims for other damages.
- Landlords can file a separate case for damages other than unpaid rent.
6. Downloads:
- A sample Summary Process (eviction) Complaint form is available for download in PDF format.
7. Contact Information:
- Online contact information for District, Housing, and Boston Municipal Court locations is provided.
This guide is a valuable resource for landlords navigating the eviction process in Massachusetts, offering detailed insights into the necessary steps, fees, and important dates involved in filing an eviction case.
