When an Evicted Tenant Won't Leave

Landlords who decide to evict a tenant have plenty on their plate, with paperwork, repairs, and finding a new renter. But when the tenant refuses to leave the premises after the eviction notice, it becomes a difficult situation for both parties. The landlord has to keep in mind the rights of the tenant, as taking illegal actions with the tenant could lead to a lawsuit.

Most evictions stem from non-payment of rent. Don't rent out the property until the current conflict is resolved, as you don't want to create a second problem when the new renter shows up with previous one still there - so consult an eviction attorney to detail your rights and the proper procedure. In this scenario, Massachusetts law states you must give a written 14 day Notice to Quit to the tenant. After that 14-day window expires, you can give a Summary Process Summons and Complaint form, obtained from a court, to the tenant. The Constable or Sheriff generally will assist the landlord in helping to fill out the Complaint form. The sheriff is then authorized to enforce the removal of the tenant, at which point you will hopefully be free to lease the property again.