Evictions

Helping You Navigate The Eviction Process

Evictions can be a stressful and costly situation for landlords. Court requirements are often changing, especially post-COVID, making it confusing for the average property owner. Here at AAA Constable Service, we will guide you through every step of the process. We keep up with the new rules, additional required documents, and court Standing Orders, making sure you are serving the correct type of notices. We can explain your options and also prepare your Notice to Quits and Summonses for service. Evictions in Massachusetts are at least a 3-step process and can take months to complete, so don’t delay! Call or email us for more information.

Step 1 – Notice To Quit

There are several types of Notice to Quits that a landlord may begin the eviction process with.

  • 14-Day Notice to Quit – for nonpayment of rent
  • 30-Day Notice to Quit – for nonpayment of rent (only for “covered dwellings” under the Cares Act) – See this web page for complete details and how to tell if your property is a covered dwelling or not: https://www.mass.gov/info-details/notice-to-quit-accompanying-form
  • 30-Day Notice to Quit for Possession – when you want to end the tenancy for your month-to-month tenants
  • 30-Day Notice to Quit for Cause – when you want to end the tenancy for your tenants under a current lease because they have violated the terms of the lease
A picture of the scales of justice.

Step 2 – Summary Process Summons and Complaint (SPSC)

Once your Notice to Quit has expired, and your tenant(s) have not paid or not vacated, your next step is to have the tenant(s) served with a Summons to get a court date. Once you get to this point, there are jurisdictional rules for Constables, and you can’t have just anyone serve the Summons. The Constable must be appointed to the town, or we can get an allowed Motion for Special Process Server, also called a 4(c) motion, which covers the Constable for the service. We can help you prepare the summons and 4(c) motion if needed. Our office can also handle your court filing for you. After the Summons is filed with the court and the court filing fee is paid ($135 for Housing Courts and $195 for District Courts), the court will mail out your Notice of Hearing for your 1st tier hearing with a Mediator, telling you when your court date is scheduled for. As of June 5, 2023, this 1st tier hearing notice must be served by Constable or Sheriff at least 2 weeks prior to the scheduled hearing. Depending on what happens in your 1st hearing, you may be scheduled for a 2nd hearing in front of a judge.

Step 3 – Execution for Possession/Eviction

Once the court makes a judgment in the landlord’s favor for eviction, it will issue the Execution for Possession, which is the court order that a Constable needs to proceed with a physical eviction and move out. We guide you through this process and take care of everything. Just give us the original Execution, and we take it from there. This includes preparing a minimum notice of 48 hours, serving the tenant(s), and hiring a state-approved moving company. After the Execution is satisfied, we take care of filing it back to the court and always keep your records on file. With over 30 years of experience in the field, we can make sure landlords get possession of their property quickly, professionally, and according to the law.

A statue of lady justice holding the scales.

Bank Foreclosures

Our office has over 20 years of experience in the default industry, and we specialize in bank foreclosure evictions. Service of Notice to Quit, Summary Process Summons, Complaints and Executions for Possession is always handled quickly, professionally, and according to the laws that govern our profession. Our software in use, Process Server Toolbox, is used to keep track of your files. Each job is entered into our system and is completed and sent to you with links to your affidavits and invoices. Clients can have their own login and can pull information on any job at any time. Our constables also work with law firms and attorneys and provide court testimony if necessary. With statewide reach via a network of Constables or Motions for Special Process Servers, we can cover your foreclosure eviction anywhere in the state of Massachusetts.

14 Day Notice to Quit for Non-Payment of Rent

Evictions

You may not be eligible for a 14 day NTQ and may have to provide your tenant with a 30 day notice to quit for non-payment if your property is a “covered dwelling” under the Cares Act. Call our office to inquire, or visit this website to read the full instructions: https://www.mass.gov/doc/english-instructions-for-form-to-accompany-residential-notice-to-quit/download

After the submission is received by our office, we will contact you for payment

14-Day Notice

  • MM slash DD slash YYYY
    For the full list of covered programs, click HERE.
  • (all occupants 18+ years of age or older living at the residence)
  • FOURTEEN DAYS NOTICE TO QUIT FOR NON-PAYMENT OF RENT
    Your rent being in arrears, you are hereby notified to quit and deliver up in fourteen (14) days from your receipt of this notice, the above described premises not held by you as my tenant.
  • Signed by landlord or attorney
  • Cure Rights of Residential Tenants at Will
    If you are a tenant at will, and if you have not received a notice of quit for non-payment of rent within the last twelve months, you have the right to prevent termination of your tenancy by paying or tendering to your landlord, to your landlord's attorney, or to the person to whom you customarily pay your rent, the full amount of rent due within ten days after receipt of this notice.
  • Cure Rights of Residential Tenant Under Lease
    If you are a tenant under an un-expired written lease, you have until the day the answer is due, in any action by your landlord to recover possession of the premises, to pay or tender to your landlord or to your landlord's attorney, all rent then due, with interest and costs of suit, to prevent the termination of your lease.
  • Reservation of Landlord's Right
    Otherwise, all monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy.
  • This field is for validation purposes and should be left unchanged.

30 Day Notice to Quit

Evictions

30 Day Notice to Quit For Possession
After the submission is received by our office, we will contact you for payment

30-Day Notice

"*" indicates required fields

MM slash DD slash YYYY
Landlord Street Address*
(all occupants 18+ years of age or older living at the residence)
Tenant Address*
THIRTY DAY NOTICE TO QUIT
It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant.
Signed by landlord or attorney
Permission*
This field is for validation purposes and should be left unchanged.

Summary Process Summons and Complaint / SPSC

Please call our office or stop by if you are ready to proceed with the 2nd step in the eviction process, and we can help prepare the SPSC for you. If you already have a Summons purchased from the court and filled out, you can email, mail or drop it off for service.

Visit govhub.com/ma/housingcourt to purchase and prepare your Housing Court Summons.

Execution for Possession / Physical Eviction

If the court has issued you the “Execution for Possession”, please call our office or stop by with your paperwork. We will walk you through this final step in the eviction process and will thoroughly explain your options. Our office will handle serving your tenant(s) the appropriate paperwork, hiring a state approved moving and storage company and will quickly and safely get possession of your property back for you.