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How much notice does the Sheriffs office need to give tenant before evicting a tenant? in state of Massachusetts.

Brighton, MA |

State of Massachusetts.

Attorney Answers 3

  1. It depends what you mean.....if you are referring to eviction after a judgment and execution for possession has been obtained, then they give them 48 hours before forcibly moving the tenant.

    If you are talking about the initial service of a notice to quit, fourteen days notice is given for non-payment of rent before an action for eviction, summary process, can be initiated.

  2. It depends on why they are being evicted, and the stage of the proceedings.

    First there's a notice to quit which is generally served by the sheriff..
    Then there's the notice period (which varies depending on the reasons for eviction.)
    Then they may file an actual complaint; this is also served by sheriff.
    If the landlord wins possession, then after the appeals period runs the sheriff may actually evict. At that point they must give an additional 48 hours of notice.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

  3. I agree with the others, but, depending on what stage you are in, it could be as little as 48 hours.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. If you would like an attorney with Vaughn-Martel Law to review your specific situation and provide you with legal options or information specific to you, you may schedule a telephone or office by calling 617-357-4898 or visiting us at Our office charges $100.00 for a consultation, and applies your consultation fee to your first bill if the Firm is hired to perform further work.

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