Posted on November 28th, 2025.

When you start an eviction, it is easy to focus only on the end goal and overlook the many legal steps in between. Massachusetts has detailed laws that control every stage, from the first notice to the court date. If those steps are not followed correctly, your case can be delayed or dismissed, even when your reasons are valid.

Many landlords are surprised to learn that small errors, like serving a notice the wrong way or filing in the wrong court, can undo weeks of effort. The eviction process is not just paperwork; it is a legal procedure that judges review carefully. That is why a clear plan matters before you act.

This blog post highlights common mistakes that can happen during the eviction process in Massachusetts and how to avoid them. By understanding notice requirements, timelines, jurisdiction rules, and the value of professional support, you can protect your rights and move your case forward more efficiently and confidently.

The Pitfalls of Serving Eviction Notices Incorrectly

Serving an eviction notice is often the first formal step in the eviction process, and it needs to be done correctly the very first time. Massachusetts law sets out strict rules for how and when notices must be delivered. When those rules are not followed, the notice can be considered invalid, and your case may never reach a judge. Correct service is the foundation of a legally strong eviction.

One common mistake is choosing a delivery method that does not meet legal standards. In Massachusetts, proper service usually involves delivering the notice in person to the tenant, leaving it with a person of suitable age at the residence, or posting it in a clear and visible location at the property. Relying only on regular mail or email, without using an approved method, can leave you with a notice that has no legal effect. That misstep can cost you weeks or even months.

Another issue arises when the notice itself is incomplete or unclear. A valid notice typically needs to include the full property address, the name of the tenant, the reasons for the eviction, and, in non-payment cases, the amount of rent owed. If important information is missing or inaccurate, the tenant may challenge the notice. Courts expect landlords to present accurate, detailed documents that show exactly what is being claimed.

Timelines inside the notice are just as important as the content. For example, a 14-day notice is usually required for non-payment of rent, while other situations may call for a different notice period. If you list the wrong number of days or fail to give the tenant the full legally required time to pay or move, the notice can be thrown out. That forces you to start over, delaying your ability to regain possession.

It is also easy to overlook potential tenant defenses that relate to how the notice is served. If a tenant believes the eviction is retaliatory or that serious repair issues were ignored, they may use those facts in court. Serving a notice without first reviewing the condition of the unit, prior complaints, or repair requests can open the door to disputes that could have been addressed in advance. Careful preparation limits those risks.

Working with professionals can help you avoid these problems. A constable or legal support service trained in Massachusetts eviction procedures knows the correct methods of service and the records that need to be created. 

Navigating Tenant Notice Timelines and Documentation

Timelines are at the heart of any eviction process, and they are easy to mishandle. Each type of eviction has its own required notice period, and those periods are not suggestions. They are legal standards. If you file in court too early, even by a few days, your case may be dismissed, and you will lose valuable time while the tenant remains in the property.

Understanding which timeline applies starts with identifying the reason for eviction and the type of tenancy. Non-payment of rent often involves one notice period, while ending a tenancy at will uses another. Lease violations may follow yet another schedule. Counting the days correctly, including weekends and holidays when required, is a simple step that prevents major setbacks later. When that step is rushed, it often becomes a costly mistake.

Beyond timelines, documentation plays a key role in supporting your case. Courts look for solid, organized records rather than loose notes or vague statements. Helpful documents include the signed lease or rental agreement, a detailed rent payment history, copies of all notices, and any written communication about problems at the property. Without these, it becomes harder to prove that you acted fairly and followed the lease.

Incomplete records can shift the balance in the tenant’s favor. If you cannot show exactly how much is owed, when notices were sent, or what steps you took before filing, a judge may question whether eviction is the appropriate solution. That does not mean you must produce perfect paperwork, but it does mean you should be able to explain and back up your decisions with clear evidence.

A simple way to keep documents under control is to use a consistent system from the start of each tenancy. That might mean keeping digital folders for each tenant, scanning notices before delivery, and logging payments every month. When a problem arises, you are not trying to reconstruct the history from memory. Instead, you already have a record that tells the story in a straightforward way.

Taking the time to understand notice timelines and maintain complete documentation pays off when it matters most. You are better prepared if the tenant contests the eviction, and you present a stronger case if the judge asks detailed questions. This preparation does not just support a single eviction. It builds good habits that will benefit you across all of your rental properties.

Legal Jurisdictions and Stating Eviction Reasons

Selecting the correct court for your eviction filing sounds simple, but it is an area where landlords often slip up. Eviction cases usually must be filed in the court that has authority over the location of the rental property. Filing in the wrong court is not just a small oversight. It can stall your case, increase your expenses, and require you to begin again in the proper place.

When a case is filed in the wrong jurisdiction, the court may refuse to hear it or dismiss it outright. That means new paperwork, new fees, and more time before you see any progress. While the tenant continues to occupy the unit, you may still be losing rent or dealing with ongoing problems. Verifying the correct court before filing ensures that your efforts move in the right direction from the beginning.

Equally important is how you explain the reason for the eviction. Courts do not respond well to vague or emotional descriptions. Instead, they look for clear, legally recognized grounds that match both the lease and the law. Common reasons include non-payment of rent, serious lease violations, or failure to move out after proper notice. Each of these reasons involves its own standards and often requires specific proof.

For non-payment cases, you should be ready to show not only the total amount owed but also which months the tenant missed and whether any partial payments were accepted. In cases involving damage or rule violations, photos, inspection reports, written warnings, and witness statements can help support your claims. The more specific you are about what happened and when, the easier it is for a judge to understand the situation.

Careless or unclear wording can also open the door to claims of retaliation or discrimination. If an eviction follows soon after a tenant complains about repairs or contacts a local housing authority, the timing will be closely reviewed. That does not mean you cannot move forward, but it does mean your paperwork must be especially accurate, neutral in tone, and backed by solid records.

Taking jurisdiction and reasons seriously makes your case more credible. You reduce the risk of dismissal on technical grounds and show the court that you have followed the rules at every step. While eviction is never pleasant, a careful approach helps you reach a resolution more quickly, with fewer surprises and disputes along the way.

Related: ​Boston's Trusted Notary Public & Apostille Services: Comprehensive Certification by Colon Constable Services

Work with Colon Constable Services for a Smoother Eviction Process

Avoiding common mistakes during the eviction process helps you protect your investment and reach a clear resolution sooner. When notices are served correctly, timelines are respected, and court filings are accurate, you stand on stronger legal ground. Careful planning and consistent procedures give you more control during a stressful situation and help you move forward with confidence.

At Colon Constable Services, we combine experience in Massachusetts eviction procedures with a focus on clear, reliable service. We understand how important it is that notices, timelines, and documentation line up with what local courts expect, and we work to support you at every step. When we handle service and procedural details, you can focus on managing your properties rather than worrying about technical errors.

Ready to avoid costly legal mistakes in the eviction process? Contact Colon Constable Services today for professional eviction.

Whether you prefer reaching out via our number, (617) 586-5482, or by email at [email protected], we're here to ensure your eviction efforts are legally sound and executed with precision.