Overview of the Eviction Process

 Notice to Quit



When a person passes away, their estate may need to go through probate to settle debts, distribute assets, and transfer legal title to beneficiaries or heirs. Probate proceedings involve appointing an executor or personal representative to oversee the administration of the estate under the supervision of the Probate and Family Court.

Complaint

If the tenant fails to vacate the premises after receiving a Notice to Quit, the landlord can initiate legal proceedings by filing a Summary Process Complaint in the appropriate Housing Court. The complaint outlines the grounds for eviction and seeks a court order to remove the tenant from the property.

Service of Process

After the expiration of the notice to quit the landlord must serve, in a timely manner the summary process complaint on the tenant prior to filing the eviction. The court will then notify  the tenant of the eviction case and the date of the initial court hearing.

Court Hearings



The eviction case will proceed to a series of court hearings, including an initial hearing, known as a tier one event, which serves as mediation session with a Housing Court Specialist. Then, if the case does not settle, to a tier two event which is when the trial takes place.

Judgment

If the court rules in favor of the landlord, a judgment for possession may be issued, authorizing the landlord to regain possession of the property. In cases of non-payment of rent or damage to the unit, the court may also enter a judgment for monetary damages owed by the tenant.

Execution

To enforce the court's judgment, landlords must obtain a writ of execution from the court and coordinate with law enforcement officials, typically the sheriff's department, to physically remove the tenant from the property if they refuse to vacate voluntarily.