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 the Defendant is filing in District Court or Boston Municipal Court, the Defendant has the right to transfer this action to the appropriate division of the Housing Court Department under M.G.L. c. 185C, § 20 by filing a notice of transfer with the Clerk-Magistrate of this Court at any time before trial. This notice is provided in compliance with applicable Trial Court Standing Orders.

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, § 199A (for 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, § 11A (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.

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 § 11A notices): The Defendant retains the statutory cure right under M.G.L. c. 186, § 11A 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 the lease provision is enforceable under c. 186, § 15B(1)(d), which prohibits certain attorney-fee provisions in residential leases.)

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. Service must be made at least seven (7) days before the Monday entry date per USPR Rule 2(c).)

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 at the last and usual place of abode of the Defendant at [________________________________], by leaving the copy with [______________], a person of suitable age and discretion residing therein
☐ Tacking to the principal entrance of the Premises at [________________________________] (after diligent effort to make personal or abode service)
☐ First-class mail to the Defendant's last known address (in addition to one of the above)

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(c) and M.R.C.P. Rule 4(d) require service by a sheriff, deputy sheriff, or constable. Service must be completed at least seven (7) days before the Monday entry date. The acceptable methods are: in-hand delivery; leaving at last and usual place of abode with a person of suitable age and discretion; or "nail-and-mail" (tacking to entrance + first-class mail) where in-hand and abode service have been attempted with diligence.

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 — treble rent damages)
• 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 specifically allows the tenant to assert as a defense or counterclaim that the landlord breached the warranty of habitability or violated the State Sanitary Code, AND to require the landlord to obtain inspections and proof of repairs. The court may order rent paid into escrow during the pendency of the action.

14.4. Discovery (USPR Rule 7)

Either party may serve interrogatories (max 30) and document requests with the answer or within 10 days after the answer due date. Service of discovery automatically postpones trial by two (2) weeks to allow responses. This is the most powerful procedural tool available to a tenant: it doubles the time to negotiate, move, or develop counterclaims.

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

A tenant facing eviction may move for a stay of execution of up to:

• 6 months if the tenant or a member of the household is elderly (60+), disabled, or handicapped;
• 3 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)

In every Housing Court division, the Tenancy Preservation Program provides clinical-mental-health intervention for tenants whose housing is at risk due to mental illness or substance use disorder. TPP intervention can result in mediated resolutions, ADA reasonable accommodations, and avoidance of homelessness. TPP referrals are made by judges or by tenant counsel.

14.7. Right to Counsel — Eviction Defense Programs

Massachusetts has expanding Right-to-Counsel pilots: the Eviction Diversion Initiative, Boston Right to Counsel, Housing Specialist programs in each Housing Court, and the Volunteer Lawyers Project / Bar Advocates at every Housing Court Division. Plaintiffs should expect represented tenants in the Housing Courts.

14.8. Post-Pandemic Residual Procedures

Some COVID-era procedures remain in effect by Trial Court Standing Order, including: requirement that landlords provide tenants with notice of available rental assistance (e.g., RAFT) at the time of service of the notice to quit or the summons; mandatory mediation referrals where rental-assistance applications are pending; continuances pending RAFT determination. Check current Standing Orders before filing.

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, 11A, 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, § 199A — Lead paint
• 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