Summary Process Summons and Complaint — Massachusetts (Companion to Trial Court Approved Form)

SUMMARY PROCESS SUMMONS AND COMPLAINT — COMPANION PLEADING — COMMONWEALTH OF MASSACHUSETTS

(For Use with Trial Court Approved Form Pursuant to USPR Rule 2)

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. The Premises
5. The Tenancy
6. Termination of Tenancy / Predicate Notice
7. Holdover / Refusal to Quit
8. Rent / Damages Due
9. Counts and Claims for Relief
10. Prayer for Relief
11. Verification
12. Exhibits Index
13. Certificate / Return of Service
14. Massachusetts Practice Notes
15. Sources and References

1. CAPTION

COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

[HOUSING COURT DEPARTMENT — [EASTERN / CENTRAL / WESTERN / NORTHEAST / SOUTHEAST / METRO SOUTH] DIVISION] / [DISTRICT COURT DEPARTMENT — [DIVISION] DIVISION] / [BOSTON MUNICIPAL COURT DEPARTMENT — [DIVISION] DIVISION]

Docket No.: [________________________________]

SUMMARY PROCESS — RESIDENTIAL — M.G.L. c. 239

2. PARTIES

2.1. Plaintiff

The Plaintiff, [LANDLORD/PLAINTIFF FULL LEGAL NAME], is [an individual / a Massachusetts limited liability company / a Massachusetts corporation / a trust / other], with a principal place of business at [________________________________], [CITY/TOWN], [STATE] [ZIP], and is the [owner / lessor / agent of the owner / record landlord] of the Premises described in Section 4 below.

If applicable: The Plaintiff is represented by [ATTORNEY NAME], BBO No. [________], of [LAW FIRM], [ADDRESS].

If pro se / managing agent: The Plaintiff appears [pro se / through its authorized agent [AGENT NAME], in accordance with M.G.L. c. 221, § 46A and applicable Trial Court rules permitting non-attorney representation of LLCs/corporations only by counsel except where specifically authorized].

2.2. Defendant(s)

The Defendant(s), [TENANT/DEFENDANT FULL LEGAL NAME(S)], are [adult/an adult] [individual(s)/individual] residing at the Premises described in Section 4 below.

[OPTIONAL: "And all other persons in possession or claiming possession of the Premises, whose names are unknown to the Plaintiff, designated herein as JOHN DOE and JANE DOE."]

3. JURISDICTION AND VENUE

3.1. Subject-Matter Jurisdiction

This Court has subject-matter jurisdiction over this summary process action pursuant to M.G.L. c. 239, § 1, and:

☐ (Housing Court): M.G.L. c. 185C, §§ 1, 3 (Housing Court Department has original jurisdiction concurrent with the District Court Department over civil actions arising out of the residential housing field).

☐ (District Court): M.G.L. c. 218, § 19 (District Court Department jurisdiction over summary process).

☐ (Boston Municipal Court): M.G.L. c. 218, § 50 (Boston Municipal Court Department jurisdiction).

3.2. Venue

Venue is proper in the [Division] Division because the Premises are located in [CITY/TOWN], which is within the territorial jurisdiction of this Court.

3.3. Notice of Right to Transfer (For District Court / BMC Filings)

If Plaintiff files this case in District Court or Boston Municipal Court, Defendant may seek transfer to the appropriate Housing Court division under M.G.L. c. 185C, § 20. Any party to a qualifying civil action pending in another court department may request transfer; follow the applicable court procedure and timing.

4. THE PREMISES

The Premises that are the subject of this action are:

Street address: [________________________________]

Apartment / Unit No.: [______]

City/Town: [________________________________]

County: [________________________________]

Massachusetts ZIP: [______]

(the "Premises").

The Premises are residential rental premises within the meaning of M.G.L. c. 186 and M.G.L. c. 239, located within the Plaintiff's [building / multi-unit dwelling / single-family dwelling].

5. THE TENANCY

5.1. Type of Tenancy

The Defendant occupies the Premises as a (check applicable):

☐ Tenant under a written lease dated [__/__/____], for a term beginning [__/__/____] and ending [__/__/____], at a monthly rent of $[__________], rent due on the [____] day of each month. A true and accurate copy of the lease is attached as Exhibit B.

☐ Tenant at will (oral or month-to-month) at a monthly rent of $[__________], rent due on the [____] day of each month, since [__/__/____].

☐ Holdover tenant following expiration of a written lease dated [__/__/____].

☐ Subsidized tenancy — describe program (Section 8 HCV / Section 8 PB / MRVP / state public housing / other) and HAP contract details: [________________________________].

5.2. Required Disclosures

Plaintiff has provided to Defendant all disclosures required by Massachusetts law, including without limitation:

☐ Tenant Lead Law Notification under M.G.L. c. 111, § 197A(d) and 105 C.M.R. 460.725 (for covered pre-1978 housing);
☐ Statement of condition and security deposit receipts/notices under M.G.L. c. 186, § 15B (if a security deposit was taken);
☐ Notice of name and address of person responsible for the Premises (M.G.L. c. 186, § 21);
☐ Other required disclosures: [________________________________].

6. TERMINATION OF TENANCY / PREDICATE NOTICE

6.1. Notice to Quit

On [__/__/____], the Plaintiff caused a written Notice to Quit to be served upon the Defendant. The Notice to Quit was given pursuant to (check applicable):

☐ M.G.L. c. 186, § 11 (14-day notice for nonpayment of rent under written lease);
☐ M.G.L. c. 186, § 12 (14-day nonpayment / rental-period non-rent termination of tenancy at will);
☐ Lease forfeiture clause (Lease § ____) for breach of covenant other than nonpayment of rent;
☐ Other (specify): [________________________________].

A true and accurate copy of the Notice to Quit, together with the constable's/deputy sheriff's return of service, is attached as Exhibit A and incorporated by reference.

If this is a residential nonpayment case: The completed official Notice to Quit Accompanying Form and documentation of any rent-repayment agreement were delivered with the Notice to Quit. Proof of delivery is attached as part of Exhibit A, as required by M.G.L. c. 186, § 31. ☐ Form and proof attached ☐ Not a residential nonpayment case.

6.2. Service of the Notice to Quit

The Notice to Quit was served upon Defendant on [__/__/____] by [in-hand delivery / leaving at last and usual abode / certified mail / constable / deputy sheriff], as set forth in the return of service attached as part of Exhibit A.

6.3. Expiration of Notice Period

The notice period set forth in the Notice to Quit expired on [__/__/____]. As of that date, the tenancy was lawfully terminated.

6.4. Statutory Cure Period (If Applicable)

(For § 12 nonpayment notices only): As of the date of this Complaint, the Defendant has not, within ten (10) days after receipt of the Notice to Quit, tendered the full amount of rent then due, and the statutory cure period under M.G.L. c. 186, § 12 has expired. [OR: The Defendant has previously received a similar notice within the preceding twelve (12) months and is therefore not entitled to cure under § 12.]

(For § 11 notices): The Defendant retains the statutory cure right under M.G.L. c. 186, § 11 through the day on which the answer is due in this action.

7. HOLDOVER / REFUSAL TO QUIT

Since the expiration of the Notice to Quit, the Defendant has remained in possession of the Premises without right or authority and has refused to quit and surrender the Premises to the Plaintiff, despite the Plaintiff's demand for possession.

The Defendant's continued occupation of the Premises is wrongful and unlawful and constitutes a holding over against the will of the Plaintiff within the meaning of M.G.L. c. 239, § 1.

8. RENT / DAMAGES DUE

8.1. Itemization

The Defendant is indebted to the Plaintiff for the following amounts:

TOTAL CLAIMED: $[__________]

A detailed rent ledger documenting each monthly charge, payment, and balance is attached as Exhibit C and incorporated by reference.

8.2. Continuing Damages

Use and occupancy continues to accrue at the rate of $[__________] per month (pro-rated daily where applicable) until the Defendant vacates the Premises.

9. COUNTS AND CLAIMS FOR RELIEF

9.1. Count I — Possession (M.G.L. c. 239, § 1)

The Plaintiff incorporates by reference Sections 1 through 8 above. By reason of the foregoing, the tenancy of the Defendant has been lawfully terminated, the Defendant is unlawfully holding over against the will of the Plaintiff, and the Plaintiff is entitled to immediate possession of the Premises pursuant to M.G.L. c. 239, § 1.

9.2. Count II — Rent and Use and Occupancy (M.G.L. c. 239, § 3)

The Plaintiff incorporates by reference Sections 1 through 8 above. The Defendant is indebted to the Plaintiff for unpaid rent through the date of termination, plus use-and-occupancy charges accruing thereafter through the date Defendant vacates the Premises, plus interest and costs as authorized by M.G.L. c. 239, § 3.

9.3. Count III — Attorney's Fees (Where Authorized)

(Include only where the lease expressly authorizes recovery of attorney's fees and applicable law permits the claim. Under M.G.L. c. 186, § 20, a residential lease giving the landlord fees for a tenant's breach also gives the tenant a reciprocal right to reasonable fees for a landlord's breach or successful defense of a lease-related action.)

The Plaintiff incorporates by reference Sections 1 through 8 above. The lease at Section [____] provides that the prevailing party in any action to enforce the lease shall be entitled to recover reasonable attorney's fees and costs. The Plaintiff is entitled to recover reasonable attorney's fees as the prevailing party in this action.

10. PRAYER FOR RELIEF

WHEREFORE, the Plaintiff respectfully prays that this Court:

A. Enter judgment for the Plaintiff for possession of the Premises;

B. Issue execution for possession in accordance with M.G.L. c. 239, § 3 and USPR Rule 13;

C. Enter judgment for the Plaintiff for money damages in the amount of $[__________] for unpaid rent and use-and-occupancy through the date of judgment, together with statutory interest and costs;

D. Award reasonable attorney's fees to the extent authorized by the lease and Massachusetts law;

E. Grant such other and further relief as this Court deems just and proper.

11. VERIFICATION

I, [PLAINTIFF NAME / AUTHORIZED AGENT NAME], being duly sworn, depose and say that I am the Plaintiff [or the authorized agent of the Plaintiff] in the foregoing summary process action; that I have read the foregoing Summons and Complaint; and that the factual statements made therein are true to the best of my knowledge, information, and belief.

Signed under the pains and penalties of perjury this [____] day of [__________], 20____.

____________________________________________

[PLAINTIFF / AUTHORIZED AGENT NAME]

Title (if agent): [________________________________]

12. EXHIBITS INDEX

13. CERTIFICATE / RETURN OF SERVICE

(To be completed by the constable or deputy sheriff after service of the Summons and Complaint upon Defendant. Under USPR Rule 2, serve no earlier than 30 days and no later than 7 days before the chosen Monday entry date, and not before the tenancy expires unless law permits.)

I, [CONSTABLE/DEPUTY SHERIFF NAME], a duly authorized and qualified [Constable / Deputy Sheriff] in and for the County of [______], hereby certify that on [__/__/____], at [______] [a.m./p.m.], I served a true and attested copy of the within SUMMARY PROCESS SUMMONS AND COMPLAINT upon the Defendant(s) named above by:

☐ In-hand delivery to the Defendant personally, at [________________________________]
☐ Leaving copies at the Defendant's last and usual place of abode at [________________________________]. For District Court abode service, I promptly mailed a copy of the summons by first-class mail to that same abode on [__/__/____]; mailing address: [________________________________] (M.G.L. c. 223, § 31).

Constable/Deputy Sheriff signature: ____________________________________________

Name and title: [________________________________]

Service fee: $[__________]

Date of return: [__/__/____]

14. MASSACHUSETTS PRACTICE NOTES

14.1. Summary Process Calendar

14.2. Service of Summons & Complaint

USPR Rule 2 and Mass. R. Civ. P. 4(d)(1) govern service. Serve no earlier than 30 days and no later than 7 days before the chosen Monday entry date; Rule 2 also restricts service before the tenancy expires. Personal delivery and leaving copies at the defendant's last and usual abode are permitted methods. For District Court abode service, M.G.L. c. 223, § 31 also requires the officer promptly to mail a first-class copy of the summons to that abode and record the mailing date and address in the return.

14.3. Counterclaims and Defenses (USPR Rule 5; M.G.L. c. 239, § 8A)

Tenants in summary process actions may assert COUNTERCLAIMS in their answer. Counterclaims are NOT compulsory (USPR Rule 5), so a tenant who fails to assert them may bring a separate civil action — but as a practical matter the tenant is far better off raising them in the eviction. Common tenant counterclaims include:

• Breach of implied warranty of habitability (Hemingway)
• Breach of quiet enjoyment (M.G.L. c. 186, § 14 — actual and consequential damages or three months' rent, whichever is greater)
• Security deposit violations (M.G.L. c. 186, § 15B — treble damages, attorney fees)
• Unfair or deceptive practices (M.G.L. c. 93A — treble damages, attorney fees)
• Retaliation (M.G.L. c. 186, § 18)
• Discrimination (M.G.L. c. 151B / FHA / VAWA)
• Negligence / personal injury for premises defects

Section 8A permits qualifying tenants to raise property, rental, tenancy, or occupancy claims as defenses or counterclaims, including warranty and legal violations, subject to the section's conditions. The court may require payment of the fair value of use and occupancy to the clerk and may direct those funds to repairs after a hearing.

14.4. Discovery (USPR Rule 7)

Discovery demands must be filed and served no later than the Monday after the Monday entry day, which is also the answer deadline. A plaintiff seeking discovery in response to an answer or counterclaim may request it by motion. A timely discovery demand automatically postpones trial by two weeks under USPR Rule 7.

14.5. Stay of Execution (M.G.L. c. 239, § 9)

A tenant in a qualifying no-fault case may apply for a discretionary stay of judgment and execution. Section 9 generally excludes terminations for tenant fault and notices to quit for nonpayment of rent under c. 186, § 12. The statutory maximum is:

• 12 months for premises occupied by a person who meets § 9's definition of handicapped person or by an individual age 60 or older;
• 6 months otherwise.

The stay is discretionary and conditioned on the tenant paying use-and-occupancy and engaging in housing search.

14.6. Tenancy Preservation Program (TPP)

The Tenancy Preservation Program works with tenants facing eviction because of disability-related behavior, including mental illness, intellectual disability, substance use, or age-related impairment. It works with both landlord and tenant to assess whether an accommodation can preserve the tenancy. For referral information, contact the local TPP office or Housing Court clerk; referral is not limited to judges or tenant counsel.

14.7. Legal Assistance

Check the Trial Court and local legal aid listings for assistance programs available in the court where this case is filed.

14.8. Rental Assistance Notice for Residential Nonpayment Cases

For a residential nonpayment notice to quit, M.G.L. c. 186, § 31(a) requires the landlord to include the state-developed form with rental-assistance and court-process information. Under subsection (b), the court may not accept the summons or complaint for filing without proof that the form was delivered. Check current law and court orders separately for any requested continuance or mediation based on a pending rental-assistance application.

14.9. Execution and Levy (USPR Rule 13)

Execution may issue on the 11th day after judgment (one day after the appeal period expires), subject to any stay. Physical eviction is performed by a constable or deputy sheriff with 48-hour written notice to the tenant. The execution must be levied within 3 months of issuance or it expires.

15. SOURCES AND REFERENCES

15.1. Massachusetts General Laws

• M.G.L. c. 239, §§ 1-15 — Summary Process
• M.G.L. c. 185C — Housing Court Department
• M.G.L. c. 218 — District Court / Boston Municipal Court
• M.G.L. c. 186, §§ 11, 12, 13, 14, 15B, 18, 21 — Tenancy and landlord obligations
• M.G.L. c. 93A, §§ 2, 9 — Consumer Protection Act
• M.G.L. c. 111, § 197A(d) and 105 C.M.R. 460.725 — Tenant Lead Law Notification and Disclosure
• M.G.L. c. 151B — Anti-discrimination
• Mass. R. Civ. P. Rule 4 (service)

15.2. Trial Court Rules

• Mass. Uniform Summary Process Rules, Rules 1-13
• Housing Court Standing Orders (each division)
• 105 C.M.R. 410.000 — State Sanitary Code, Chapter II
• 940 C.M.R. 3.17 — Landlord 93A regulations

15.3. Trial Court Approved Forms

• Summary Process Summons and Complaint (TC-090)
• Residential Summary Process Eviction Answer (TC-090A)
• eSummons system (Housing Court online)
• Available at mass.gov/lists/court-forms-for-eviction

15.4. Key Cases

• Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973)
• Berman & Sons, Inc. v. Jefferson, 379 Mass. 196 (1979)
• Scofield v. Berman & Sons, Inc., 393 Mass. 95 (1984)
• Cruz Mgmt. Co. v. Wideman, 417 Mass. 771 (1994)
• Morse v. Ortiz-Vazquez, 99 Mass. App. Ct. 474 (2021)
• Bank of America, N.A. v. Rosa, 466 Mass. 613 (2013) — post-foreclosure summary process
• Adjartey v. Central Div. of the Hous. Court Dep't, 481 Mass. 830 (2019) — appellate procedure

15.5. Practice Materials

• Mass.gov — Massachusetts Law About Eviction
• Mass.gov — Court Forms for Eviction
• Mass.gov — Summary Process eSummons in the Housing Court
• Mass Legal Help — Fighting an Eviction in Court
• MCLE — Residential Landlord-Tenant Law
• AG's Guide to Landlord and Tenant Rights