Evictions can be a daunting process for landlords in Fall River, MA, especially with the misconceptions that often cloud the reality of Massachusetts law. At Fortified Realty Group, we’ve guided many landlords through the eviction process, particularly in a city where tenant demand is high thanks to the new MBTA station and waterfront growth. Misunderstandings about timelines, court processes, and tenant tactics can lead to costly delays. Let’s clear up five common misconceptions, outline the real rules, and provide a detailed look at timelines—from the Notice to Quit (NTQ) to court dates in Housing Court vs. District Court, tenant delay strategies, and the final move-out process.
1. Misconception: A 14-Day Or 30-Day NTQ Means The Tenant Must Move Out Immediately
Many landlords believe that serving a 14-day NTQ for nonpayment of rent or a 30-day NTQ for other reasons (like lease violations or no-fault evictions) means the tenant must leave by that deadline. In reality, an NTQ is just the first step—it’s a formal warning that starts the eviction process, not a legal order to vacate. In Massachusetts, only a court order (called an execution) can force a tenant out. For nonpayment, a 14-day NTQ gives the tenant 14 days to pay the rent owed or face a court filing, while a 30-day NTQ applies to tenancy-at-will terminations or lease violations, giving tenants a full rental period (or 30 days, whichever is longer) before the landlord can file in court. In Fall River, where rents for a 2-bedroom might be $1,500, a tenant paying the owed rent within the 14-day period can stop the eviction, potentially costing you a month of vacancy if you misjudge the timeline.
2. Misconception: The Eviction Process Moves Quickly After The NTQ
Landlords often assume that once the NTQ period ends, they can quickly get a court date and remove the tenant. The reality is that Massachusetts’ eviction process, known as summary process, can take 1-4 months, even in uncontested cases, due to court timelines and tenant actions. After the NTQ period (14 or 30 days), you file a Summons and Complaint in either Housing Court or District Court, which must be served 7-30 days before the filing date (always a Monday). The court then schedules a First Tier Court Event (mediation) within 30-60 days of filing—say, 45 days later in Fall River’s Housing Court. If mediation fails, a trial is set about 10 days later, meaning you’re looking at 2-3 months from NTQ to a court decision. In District Court, the process might be slightly faster (by a week or two), but tenants can delay this further by transferring the case to Housing Court, adding 2 weeks or more to reschedule.
3. Misconception: Housing Court And District Court Timelines Are The Same
Some landlords think the choice between Housing Court and District Court doesn’t impact the timeline significantly. While the legal process follows the same Uniform Summary Process Rules, Housing Court specializes in evictions and often has more resources for mediation, which can extend timelines. In Fall River, filing in the Southeast Housing Court (serving Bristol County) might mean a First Tier Event scheduled 45 days after filing, with a trial 10 days later if unresolved. District Court, like Fall River District Court, might schedule the First Tier Event a bit faster—say, 30-40 days after filing—but tenants can request a transfer to Housing Court, delaying the case by 2 weeks or more as the case is rescheduled. This tactic is common among tenants seeking more time, especially if they file discovery requests, which automatically push the trial date back another 2 weeks. Choosing the right court can save you weeks of delay.
4. Misconception: Tenants Can’t Delay The Eviction Once It’s In Court
A big misconception is that once you’re in court, the process moves swiftly to a resolution. Tenants in Massachusetts have several ways to delay proceedings, especially in Fall River’s competitive rental market, where they may be stalling to find new housing. Beyond transferring a case from District Court to Housing Court (adding 2+ weeks), tenants can file discovery requests, delaying the trial by 2 weeks, or request a jury trial, which can push the trial date further due to court scheduling. They might also file a motion to stay execution, asking for up to 6 months (or 12 months if disabled or over 60) to move out if facing a no-fault eviction. If you win the case, the court issues an execution 10 days after judgment, but tenants can appeal within 10 days, potentially adding months if they post a bond or prove indigency. From court date to move-out, expect 3-4 months total if tenants use these tactics.
5. Misconception: Move-Out Happens Right After A Court Win
Winning in court doesn’t mean the tenant moves out the next day. After a judgment in your favor, the court issues an execution (eviction order) 10 days later. You then hire a sheriff or constable, who must provide 48 hours’ written notice before the physical eviction, which can only occur during business hours, not on weekends or holidays. In Fall River, this step might take 3-5 days to coordinate. If the tenant doesn’t leave, the sheriff removes them and their belongings, placing items in a licensed storage facility at your expense (you can seek reimbursement later). Storage must be held for 6 months, with costs potentially reaching $1,000-$2,000. From NTQ to move-out, an uncontested eviction might take 2-3 months, but contested cases with appeals or delays can stretch to 6 months or more, costing you $4,500-$9,000 in lost rent for a $1,500/month unit.
Navigate Evictions Confidently With Fortified Realty Group
Understanding the real rules of evictions in Massachusetts can save Fall River landlords time and money. From the NTQ to court timelines and tenant delaying tactics, the process is complex, but with the right strategy, you can minimize delays and costs. Fortified Realty Group has extensive experience handling evictions in Fall River, ensuring compliance with state laws while protecting your investment. Visit Fortified Realty Group LLC or call us to get expert support for your next eviction. Let’s keep your rental business running smoothly!
Disclaimer: All dollar amounts and rent increase assumptions provided in this blog are for example purposes only and can change at any time based on market conditions, property specifics, and other factors. Fortified Realty Group is not an attorney, and this post is in no way offering any legal advice. This post is for general knowledge, and if you want legal advice, please seek out an attorney.
