Cause Evictions in Massachusetts

Earlier this year, I received a great decision in an eviction case I brought on behalf of a small, owner-occupied landlord. While many resources are available on no-cause and non-payment of rent evictions, the rules about cause evictions are less known.

Here, I’ll discuss some points related to this important topic in Massachusetts landlord-tenant law.

What is a Cause Eviction?

A cause eviction is an eviction brought for a violation of a tenancy agreement. Nearly every standard Massachusetts lease includes rules and regulations on the tenancy. In my eviction case, the tenant was smoking in the rental apartment and refusing the landlord entry: both violations of the lease.

In a cause eviction, tenants usually have limited defenses. While evictions generally allow tenants to raise defenses and claims against a landlord, such options are limited in cause evictions.

These types of evictions generally follow the same procedure as any other court case, with both parties entitled to written discovery and a trial on the merits.

What Is Required for a Cause Eviction?

As with nearly all evictions in Massachusetts, a landlord must first serve a tenant with a notice to quit. The parties’ lease usually states the type of notice required, with many allowing a landlord to use a seven-day notice (shorter than most other eviction notices).

While there isn’t much law on the requirements for a cause notice to quit, a landlord should include sufficient details on the allegations against the tenant. Landlords also need to carefully consider the strengths (and weaknesses) of such a case. As with all legal matters, a landlord must prove their case in court by following the appropriate rules of evidence and procedure.

Final Thoughts

If you need assistance with such a matter, contact me for a consultation.