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

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.

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

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Date*

Landlord Name*

If the property is owned under a LLC, Trust, Corp, etc, please provide name. If not, please type N/A. Please note that if the property is owned under one of the mentioned entities and if this case goes to court, you will need an attorney to represent you according to court rules.*

Do you have a federally backed mortgage (such as an FHA loan) on the property?*

Yes

Is the property assisted through federally-subsidized housing programs (such as Section 8 or CTI)?*

Yes

For the full list of covered programs, click HERE.

Total amount of rent currently Owed*

If you answered “YES” to either of the above questions concerning your mortgage or Section 8/CTI tenants, we need to list a breakdown by month of the total rent owed on your notice. In the box below, please list THE MONTH and TOTAL FOR THAT MONTH. For example “January 2025 - $1500, February 2025 - $1500”. If this does not apply to you, and you answered “NO” to both questions, please skip to the next question.

Total amount of rent currently Owed - Yes/No

Did you make any special WRITTEN agreements (not including your lease) with the tenant related to the repayment of overdue rent? If you have any written agreements, please email them to our office, at office@aaaconstable.com

Yes

Did you make any special VERBAL agreements with the tenant related to the repayment of overdue rent?*

Yes

Landlord Phone*

Landlord Email*

Landlord Street Address*

Landlord Street Address* Landlord Address Line 2 Landlord City* Landlord State Landlord Zip*

Tenant Name(s)*

(all occupants 18+ years of age or older living at the residence) even if they were not listed on the original lease or agreement. Each person technically living there has a right to receive their own notice.

Tenant Phone Number

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Tenant Email Address: (If you don’t have one, type ‘N/A)

Tenant Street Address * Tenant Apartment Number, Floor and/or Building Number Tenant City* Tenant State * Tenant Zip Code *

If there are specific instructions or details you would like to provide to help the constable locate your property, enter main locked entry doors or to find the tenant’s door they most commonly use, please provide this information below. It helps us to know exactly where we should be going

If you are an attorney filling out this form for your client, please provide your name, billing address, phone number and email address. If not, skip this section

Your name as Attorney representing the landlord

Billing Address

Attorney Street Address Attorney City Attorney State Attorney Zip

Attorney Phone Number

Attorney Email Address

Please type in the name that should be signed on your notice.

I give permission for AAA Constable Service to Sign my Name to this Document
(If not checked cannot proceed until signature on file at AAA Constable)

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

This field is for validation purposes and should be left unchanged.

Date*

Landlord Name*

Landlord Phone*

Landlord Email*

Landlord Street Address*

Landlord Street Address Landlord Address Line 2 Landlord City Landlord State Landlord ZIP / Postal Code

Tenant Name(s)*

(all occupants 18+ years of age or older living at the residence)

Tenant Address*

Tenant Street Address * Tenant Unit# or Floor# * Tenant City Tenant State * Tenant Zip Code *

If your tenant has violated the lease agreement, or if they are month-to-month tenant and there are specific problems, violations or issues that would like to appear on your notice to quit, please list these issues in the box below. We will then prepare a “30 Day Notice to Quit for Cause” and list the problems as a reason for the eviction, other than non-payment of rent

Please type in the name that should be signed on your notice. If you are an attorney filling out this form for your landlord client, please type in the attorney’s name

If you are an attorney filling out this form for your client, please provide your name, billing address, phone number and email address

Attorney Name

Billing Address

Attorney Street Address Attorney City Attorney State Attorney ZIP

Attorney Phone Number

Attorney Email Address

Permission*

I give permission for AAA Constable Service to Sign my Name to this Document
(If not checked cannot proceed until signature on file at AAA Constable)

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.