14-Day Notice to Quit in Massachusetts
A 14-day notice to quit for nonpayment is a tool for collecting rent. It fits when a tenant has fallen behind but you are otherwise willing to keep them, and your goal is to get paid. It is not the right tool when you want the tenant out: if the tenant, a charity or the state's RAFT rental assistance program pays what is owed, the nonpayment case generally ends and the tenant stays. Botelho Law Group helps landlords across Massachusetts choose the right notice, prepare and serve 14-day notices, and take nonpayment cases through the Housing Court. Free consultation in English, Portuguese or Spanish.
When a 14-day notice makes sense, and when it does not
| Your goal | Usual notice | Why |
|---|---|---|
| Get the back rent and keep the tenant | 14-day notice for nonpayment | If the balance is paid, the case ends and the tenancy continues |
| Get the tenant out after repeated late or missed rent | 30-day notice to quit | A fault eviction does not end just because the balance is paid |
| Get the tenant out for lease violations or problems with others | 30-day notice to quit | The case is about the tenant’s conduct, not only money |
| Get the property back with no fault, such as a sale | 30-day notice to quit | No reason is required for a tenancy at will |
Many landlords serve a 14-day notice by habit, then find themselves in court only to collect rent. The tenant pays through rental assistance, the case is dismissed, and a few months later the tenant is behind again. If the tenant has a history of late or missed payments and you want them out, talk with us about a 30-day notice instead.
What a 14-day notice does
A 14-day notice to quit tells the tenant that the tenancy will end 14 days after they receive the notice because rent has not been paid. If the tenant does not pay or move out, the landlord can then file a summary process (eviction) case. The notice does not by itself require the tenant to leave. Only a court can order that.
The tenant’s right to cure
The most important feature of a nonpayment case is that the tenant can usually stop it by paying.
| Tenant at will | Tenant with a written lease | |
|---|---|---|
| Basis for the notice | Massachusetts law allows a 14-day notice for nonpayment | The lease must allow the landlord to end the lease for nonpayment |
| Cure before court | A tenant who has not received a 14-day notice in the past 12 months can usually cure by paying in full within 10 days of receiving the notice | The lease and the law control the timing |
| Cure in court | In many cases, paying the full amount, with interest and costs, by the answer date stops the eviction | Paying the full amount, with interest and costs, by the answer date generally stops the eviction |
Because of the right to cure, a landlord who serves a 14-day notice should expect that the tenant may pay and stay. If that is the result you want, a 14-day notice is a reasonable choice.
Rental assistance and RAFT
Massachusetts requires landlords in nonpayment cases to give tenants a state notice about emergency rental assistance with the notice to quit. Courts can also pause a nonpayment case while a tenant’s RAFT application is pending, and when the program pays the balance, the case usually ends. These rules have changed several times since 2020, so we check the current requirements before serving.
For a landlord who wants to keep the tenant, rental assistance can be the fastest way to be paid in full. Responding promptly to the program’s requests helps. For a landlord who wants the tenant out, the same rules are the main reason a 14-day notice is often the wrong choice.
What the notice should include
A 14-day notice should be clear and accurate. It generally should:
- Name every adult tenant on the lease or tenancy
- Identify the address and unit
- State the amount of unpaid rent and the months it covers
- State that the tenancy will end 14 days after the tenant receives the notice
- Include any statement of the tenant’s right to cure that the law requires
- Include the state forms required in nonpayment cases, such as information about rental assistance
- Be dated and signed by the landlord or the landlord’s lawyer or agent
Include only rent
A 14-day notice is for unpaid rent. It generally should not include late fees, utility charges that are not part of the rent, damages or other charges. In Massachusetts, a landlord cannot charge a late fee unless rent is at least 30 days late and the lease allows it. Including improper charges can make the notice defective.
Serving the notice
The landlord must be able to prove that the tenant received the notice and when. Service by a sheriff or constable is usually the safest choice, because it creates a written record if the tenant later says the notice never arrived. Hand delivery with a witness or certified mail can also be used, but they are easier to dispute.
After the 14 days
If the tenant has not paid or cured, the landlord can start the court case:
- Summons and complaint. Prepare a summary process summons and complaint.
- Service. Have a sheriff or constable serve it on the tenant at least 7 days, and no more than 30 days, before the Monday entry date.
- Filing. File the summons, complaint and a copy of the notice to quit with the court by the entry date.
- Answer. The tenant’s answer is generally due the Monday after the entry date.
- First court date. Usually about 10 days after the entry date, with mediation and, if needed, trial.
Accepting payments after the notice
Tenants often offer partial payments after receiving a notice. Accepting money must be handled carefully:
- Give a written receipt stating the payment is accepted for “use and occupancy only,” with a reservation of rights, and not as rent for a new tenancy
- Keep an accurate ledger of every payment and balance
- Be aware that accepting the full balance may cure the default and end the case
Tenant defenses in nonpayment cases
Tenants in nonpayment cases can raise defenses and counterclaims, such as:
Conditions
If the unit had code violations the landlord knew about, the rent owed may be reduced. In some cases, the tenant can keep possession by paying whatever balance the court finds due.
Security deposit and last month’s rent violations
Security deposit and last month’s rent violations, which can lead to significant damages
Retaliation
Retaliation, if the case follows a tenant’s complaint to a board of health or other protected activity
Defective notice or service
Interference with quiet enjoyment
Interference with quiet enjoyment, such as utility problems the landlord was responsible for
Reviewing the property’s condition, repair records and deposit paperwork before filing helps landlords understand their exposure.
Federally assisted and subsidized housing
Some properties with federal assistance or federally backed mortgages may require a 30-day notice for nonpayment, instead of 14 days. Section 8 and public housing tenancies also have program rules, and the housing authority may need a copy of the notice. Using the wrong notice can lead to dismissal.
Settling a nonpayment case
Most nonpayment cases settle, often at mediation with a court housing specialist. Common terms include:
- A payment plan for the back rent, along with ongoing rent
- An agreed move-out date, sometimes with a waiver of some or all of the balance
- What happens if the tenant misses a payment, such as the landlord’s right to ask for judgment and an execution
A clear agreement protects the landlord if the tenant does not follow through.
When the tenant keeps falling behind
Some tenants fall behind, catch up after a notice, and fall behind again. A tenant at will generally has the right to cure a nonpayment notice within 10 days only once in a 12-month period, and a tenant can often still cure by the answer date in court. Rather than serving one 14-day notice after another, a landlord facing a pattern of late or missed rent should consider a 30-day notice to quit. Repeated late payment is a breach of the rental terms and can support a fault eviction. Keep copies of every notice, proof of service and an accurate ledger, because that history is the evidence.
Collecting the unpaid rent
A judgment for possession often includes a money judgment for unpaid rent and court costs. Collecting it can take time. Options can include payment plans, supplementary process to examine the former tenant’s ability to pay, and, in some cases, applying part of the security deposit as the law allows.
If the tenant leaves on their own
Sometimes a tenant who receives a notice simply moves out. Before re-entering or re-renting, a landlord should be sure the tenant has actually given up the unit. Ask for a written surrender and the keys. Treating a unit as abandoned too soon, or throwing out a tenant’s property, can lead to a claim for an illegal eviction. The landlord can still pursue the unpaid rent after the tenant leaves.
Common mistakes
- Using a 14-day notice when the real goal is to get the tenant out
- Including late fees or other charges in the notice
- Leaving out an adult tenant
- Failing to include required statements or forms
- Serving the notice in a way that cannot be proven
- Accepting rent without a use and occupancy reservation
- Filing the complaint too early, or after the entry deadline
- Ignoring conditions the tenant has complained about
Clients who speak Portuguese or Spanish
Many property owners we help, and many of their tenants, speak Portuguese or Spanish. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho. They help you understand each notice and court paper and communicate clearly during mediation.
What to bring to your consultation
- The lease or rental agreement, if any
- A rent ledger showing all payments, late payments and balances
- Any notice already served and proof of service
- Security deposit and last month’s rent records
- Repair requests, inspection reports and photos
- Messages with the tenant about the rent
How we help
Free consultation
We review the tenancy, the balance and your goals, in English, Portuguese or Spanish, and explain the cost.
Strategy
We advise whether a 14-day notice or a 30-day fault notice fits what you want.
Notice preparation
We prepare the notice with the required statements and forms, and arrange service.
Court case
We prepare and file the summons and complaint and represent you at mediation and trial.
After judgment
We request the execution and help with collection.
Related pages
Frequently asked questions
When should I use a 14-day notice?
When the tenant owes rent and your goal is to be paid, and you are willing to let the tenant stay if the balance is paid.
Can the tenant stop the eviction by paying?
Usually, yes. A tenant who pays the full amount owed, with interest and costs, by the answer date can generally stop a nonpayment eviction. Rental assistance payments count.
What if I want the tenant out, not just the rent?
Consider a 30-day notice to quit. A fault eviction based on repeated late or missed rent or other breaches does not end just because the balance is paid, and you can still ask for a judgment for the rent owed.
What if the tenant applies for RAFT?
The court may pause a nonpayment case while the application is pending, and if RAFT pays the balance, the case usually ends.
Can I include late fees in a 14-day notice?
Generally no. The notice should include only unpaid rent.
What if the tenant pays part of the rent?
You can accept a partial payment for use and occupancy only, with a written reservation of rights. Accepting the full balance may cure the default.
Is a 14-day notice enough for every property?
Not always. Some federally assisted properties require a 30-day notice for nonpayment, and subsidized housing has its own rules.
Do you handle nonpayment evictions anywhere in Massachusetts?
Yes. Botelho Law Group represents property owners across Massachusetts.
Can you help in Portuguese or Spanish?
Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.
Talk with us about unpaid rent
Tell us about the tenancy, the balance owed and whether you want the tenant to stay. We will explain the right notice and the next steps.