Can tenants stop an eviction by paying overdue rent?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Can Tenants Stop an Eviction by Paying Overdue Rent in Massachusetts?
In Massachusetts, tenants who are facing eviction due to nonpayment of rent have certain rights and options they can use to potentially stop the eviction process by paying overdue rent. Understanding how Massachusetts law treats eviction proceedings and late payments is essential for tenants seeking to avoid losing their home.
Overview of Eviction for Nonpayment of Rent in Massachusetts
When a tenant in Massachusetts fails to pay rent on time, the landlord may begin the eviction process by serving a Notice to Quit for Nonpayment of Rent (often called a "14-day notice"). This notice gives the tenant 14 days to either pay the overdue rent or move out of the property. If the tenant neither pays nor vacates, the landlord can then file a summary process eviction case in housing court.
Paying Overdue Rent to Stop an Eviction
One of the most direct ways to stop an eviction due to nonpayment is by paying the full amount of rent owed, including any legally permissible late fees. Here is how the process works in Massachusetts:
- Before the landlord files the eviction case: If the tenant pays the full overdue rent within the 14-day notice period, the eviction process typically stops. The landlord may not proceed to housing court if the rent is fully paid.
- After the eviction case is filed but before the court hearing: The tenant still can stop the eviction by paying the total amount owed, including unpaid rent, late fees, and any court costs the landlord has incurred up to that point. The landlord must accept the payment; if they refuse, the tenant can bring proof of the payment to court.
- At the court hearing: Massachusetts has a "right to cure" nonpayment evictions which allows tenants to pay what is owed up until a specified point in the litigation process (often until the entry of judgment) to halt eviction. If payment is made before judgment, the case is generally dismissed, and the tenant can remain in the unit.
Important Considerations for Tenants
- Full Payment Is Required: Partial payments will rarely stop an eviction. Paying some, but not all, of the overdue rent may not halt the eviction process, and the landlord can proceed with the case.
- Late Fees and Additional Charges: Under Massachusetts law, landlords may include reasonable late fees in the amount owed, so tenants need to cover these as well to fully "cure" the nonpayment.
- Payment Method and Proof: Tenants should make sure payments are well documented, preferably using traceable methods like checks or electronic payments. It is crucial to keep receipts or copies of money orders as proof if the case proceeds to court.
- Court Judgment and Appeals: If a judgment for eviction is entered before the tenant pays, stopping the eviction may be more complicated. Tenants who miss the payment window might need to explore other legal avenues such as motions for relief from judgment or appeals.
Additional Protections and Assistance in Massachusetts
- COVID-19-Related Protections: As of recent years, Massachusetts has enacted various temporary safeguards and rental assistance programs to protect tenants from eviction due to financial difficulties caused by the COVID-19 pandemic. Tenants should check current Massachusetts resources as these protections may affect eviction rules or provide rental assistance.
- Legal Aid and Tenant Resources: Tenants facing eviction in Massachusetts are encouraged to seek legal advice from local tenant advocacy organizations or legal aid providers. Housing courts often provide information and resources to help tenants understand their rights.
Summary: How to Stop an Eviction by Paying Rent in Massachusetts
| Stage | Is Payment Eligible to Stop Eviction? | Notes |
|---|---|---|
| Within 14-day notice | Yes | Payment must cover all overdue rent and charges |
| After court case filed | Yes, before judgment | Include rent, late fees, and court fees |
| At or after judgment | Generally no, unless judgment is challenged | Requires legal action, not just payment |
Final Thoughts
In Massachusetts, tenants can generally stop an eviction for nonpayment of rent by paying all overdue rent and related fees before the eviction judgment is entered. Prompt and full payment during the notice period or early in the court process is the best way to retain tenancy. Tenants should act quickly, maintain payment documentation, and consider obtaining legal advice to protect their interests effectively.
By understanding and exercising their rights under Massachusetts eviction laws, tenants have a meaningful opportunity to prevent eviction by curing payment arrears in a timely fashion.