Summary Process

In Massachusetts, a Court case brought by a landlord against a tenant in order to remove the tenant from the premises is referred to as a "Summary Process." This phrase is generally synonymous with an "eviction" proceeding in Court, and it comes from the fact that the case will be "summarized" in as much as it will generally move more rapidly through the Court system as compared to other civil matters in the District Court. In years past, Summary Process cases were frequently heard in the District Court, however, currently in Massachusetts most if not all Summary Process cases are heard in Housing Court. Housing Courts deal almost exclusively with Summary Process matters, and the hearings for a regional Housing Court are held in local Courts near the property that is the subject of the case. 

There are a number of differences between a Summary Process case and other Civil cases. Some specific differences include but aren't limited to the following: 

• The filing procedure and the timeline for filing is unique to Summary Process and must be followed precisely; 

• The Summary Process summons and complaint are specific to Housing Court and used only in Summary Process, with no other type of summons or complaint being authorized for use in a Summary Process matter. Additionally, the summons and complaint are specific to the Court in which the case will be heard; 

• The rules of civil procedure are still broadly applicable, however, the Housing Court has its own set of procedural and administrative rules relating to discovery, counterclaims, defaults, judgments, and more.

Summary Process in Massachusetts Housing Court is not quite the same as Small Claims Court, and not quite a standard Civil Case, but it occupies a space in between the two. Many, but not all, Summary Process cases can be resolved in a single trip to Court. Housing Courts offer mediation, which is a very valuable tool for resolving cases efficiently. 

For landlords: 

Summary Process is the legal method of evicting a tenant, whether it's for nonpayment or for other reasons. Understanding the methods of filing, the specific rules, documents, and time frames will be critical to successfully navigating the Housing Court system. Errors of a technical nature can mean restarting the case and re-filing, and that means additional cost for you. If you decide to hire my office, I will walk you through Summary Process and how to avoid common pitfalls. I will draft, serve and file the appropriate summons and complaint. I will appear in Court if needed so that you have knowledgeable representation and your interests are protected. During our time working together, I will always be as upfront as possible about costs so that your bottom line is clear. 

My past clients have included first-time landlords who own just a single rental unit and large property management companies and trusts that own or are responsible for hundreds of units across multiple jurisdictions in the state. In the past, I have dealt with tenants who fail to pay rent, tenants who engage in lease violations or illegal activities on the premises, abandoned leases, unapproved sublettors, and more. Each case is different, and your results can never be guaranteed, but you can be confident that my experience will benefit you. 

For tenants, if you receive a Summary Process summons commanding you to appear in Court, you must take this very seriously as it is an official court document. This may feel intimidating at first, however, you are not necessarily backed into a corner upon your receipt of a summons. 

I offer a wide range of services to tenants at prices that most find palatable. These services include but are not limited to: A limited consultation in which you pay an hourly fee and I advise you based on your circumstances, and provide guidance on how to move forward in order to give you peace of mind; Negotiation on your behalf with your landlord in order to avoid going to Court and possibly resolving the situation amicably or at least reasonably; Formally representing you in Court if the problem is not resolved prior to the court date assigned for Summary Process. 

I have represented tenants in all different circumstances, and in the past I have been able to stop an eviction dead in its tracks due to faulty documents served by the landlord, I have negotiated for tenants to receive time to move, and I have filed suit against landlords who fail to follow the law. All cases are different, so your results may vary and are not guaranteed, but you be confident in my knowledge when it comes to landlord-tenant law. 

Whether you are a landlord or a tenant, if you need legal services call my office today to speak to a professional. The first 15 minutes are free for first-time callers in order to decide if my office is the right fit for you. During the 15-minute consultation no legal advice will be given nor is an attorney-client relationship formed until a contract is signed. Once we decide to work together, I will walk you through the legal process, treat you with respect and professionalism, and help you get the results you deserve.