The Massachusetts Summary Process Summons and Complaint is the official Trial Court form a landlord files to start an eviction case in the Housing Court, District Court, Boston Municipal Court (BMC), or Superior Court under M.G.L. c. 239. The form names the parties, states the reason for eviction, lists rent owed, and tells the tenant when to answer and appear in court. Filing the wrong version, missing the Monday entry date, or skipping the Notice to Quit attachment can void the case and force the landlord to start over weeks later.
The Trial Court issued a new combined residential and commercial form effective November 4, 2024, with a revision date of Rev. 1/2025 printed on the bottom corner. The Massachusetts Trial Court reports that summary process filings exceed 35,000 cases per year statewide, and Housing Court data shows that roughly one in five cases is dismissed for procedural defects tied to the Summons and Complaint itself. This guide walks you through every box, every signature line, and every deadline so your case survives the first hearing.
- 📝 How to fill in every field of the Rev. 1/2025 Summons and Complaint line by line
- ⏰ How to pick the correct entry date so the clerk does not reject your filing
- 💵 How to calculate rent owed, fees, and the use-and-occupancy column without errors
- 📬 How to attach the Notice to Quit and the proof of service the court demands
- ⚖️ How to file in Housing Court, District Court, BMC, or Superior Court through eCourts, mail, or in person
What the Form Is and Who Must File It
The Summary Process Summons and Complaint is the single document that opens an eviction lawsuit in Massachusetts. It works as both a summons (the order telling the tenant to appear in court) and a complaint (the landlord’s written claims). The Trial Court created the combined form so a landlord does not file two separate pleadings. The form is governed by the Uniform Summary Process Rules, and Rule 2 sets the exact format every court must accept.
Any landlord, owner, lessor, or person with a superior right to possession may file the form. That includes mom-and-pop landlords with one apartment, property managers with portfolios, condo trustees, foreclosing banks, nursing facilities, commercial lessors, and post-foreclosure purchasers. A landlord may file pro se, but a corporation or LLC must appear through a Massachusetts-licensed attorney under Varney Enters. v. WMF, Inc..
The form covers four main case types: nonpayment of rent, no-fault termination of a tenancy at will, fault-based termination (lease violation), and post-foreclosure eviction of a former owner or tenant. The Trial Court’s eviction forms page lists the official PDF and the related answer and appeal forms. If a tenancy is subsidized through Section 8, public housing, or RAFT, the landlord must still use this same form but attach extra notices required by 24 C.F.R. § 247.
Before You Start: Documents and Information You Need
Pull every document together before you open the form, because a missing date or wrong dollar figure will follow the case all the way to judgment. The Summons and Complaint asks for facts that come straight from your lease, your Notice to Quit, your rent ledger, and the deed to the property. Walking into the clerk’s office without these items is the single most common reason landlords have to refile.
- The signed lease or written tenancy agreement. This proves the rental terms and the monthly rent. Without it, the court may treat the tenancy as a tenancy at will and apply different rules.
- The Notice to Quit you served on the tenant. A 14-day notice for nonpayment under M.G.L. c. 186, § 11 or a 30-day/rental-period notice for no-fault termination. Filing without a valid Notice to Quit is grounds for dismissal.
- Proof of service of the Notice to Quit. Constable’s return, certified mail receipt, or sworn affidavit. Judges check this before reading the complaint.
- The rent ledger. A month-by-month list of rent charged, rent paid, and balance owed. The complaint requires exact figures, not estimates.
- The current deed or recorded lease. Confirms the plaintiff’s standing to evict. A foreclosing bank attaches the foreclosure deed.
- The tenant’s full legal name and apartment number. Wrong unit numbers void service. Pull names from the lease, the mailbox, and the utility account if needed.
- The constable or sheriff’s contact info. You must arrange service before you can pick an entry date.
- A check or card for the filing fee and the form purchase price. The blank Summons and Complaint form itself is sold by the court (about $5 in person or through eCourts on govhub), and the filing fee is $135 in Housing Court and $195 in District Court/BMC at the time of writing.
- The tenant’s federal subsidy status. If the tenant receives cash assistance, SSI, or veterans’ benefits, M.G.L. c. 239, § 8A and Section 8 rules require additional notices before filing.
Where to Get the Form and How to Access It
The blank form is not a free download. The Trial Court controls supply because each form has a unique docket-tracking barcode. You can buy the form three ways depending on the court.
In Housing Court, the easiest channel is online through the Housing Court eSummons portal on govhub. You create an account, pay the small per-form fee with a credit card, and download a uniquely numbered PDF you fill out and print. In District Court, BMC, or Superior Court, you must walk into the clerk’s office and buy the paper form over the counter. The clerk will hand you a numbered triplicate set with a carbon backing.
A redacted sample Summary Process Summons and Complaint is posted by Mass Legal Services so you can see what the layout looks like before you spend money. The official version is the Rev. 1/2025 combined residential and commercial form. Forms purchased before November 4, 2024 are still valid, but starting a new case today should always use the current revision so the court does not reject it for an outdated layout.
You will also need the related Trial Court forms: the Residential Summary Process Answer (for the tenant), the Affidavit of Compliance with eFiling Requirements, and, if you serve a military tenant, the Servicemembers Civil Relief Act affidavit. Keep a clean copy of the blank Summons and Complaint as a worksheet before you fill in the official numbered original.
Step-by-Step: How to Fill Out the Summary Process Summons and Complaint Line by Line
The form is two pages. Page one is the summons block, the caption, the entry date, and the service section. Page two is the complaint itself with numbered paragraphs. Fill it out top to bottom in the order printed; skipping around almost guarantees a missed box.
Court Department and Division
The very top of the form has a row of checkboxes for Housing Court, District Court, Boston Municipal Court, and Superior Court, plus a line for the Division.
This field asks which court will hear your case and which courthouse inside that court will receive it. Check exactly one department box and write the division name on the line, such as Western Division for Housing Court or Quincy Division for District Court. Marcus, a landlord in Worcester, checks Housing Court and writes Worcester Division because the property is in a Housing Court county.
The most common edge case is a property that sits in a town covered by two courts; Housing Court has concurrent jurisdiction with District Court and BMC under M.G.L. c. 185C, § 3, so you may pick either, but tenants can transfer to Housing Court at any time. The most common mistake is checking two boxes, which will cause the clerk to refuse the filing at the counter. A misconception is that Superior Court is faster for high-dollar cases; in fact, Superior Court rarely hears summary process and almost always transfers cases down.
Plaintiff (Landlord) Name and Address
The form asks for the Plaintiff/Landlord/Lessor/Owner name and full address.
Enter the legal name exactly as it appears on the deed or recorded lease, then a complete street address with city, state, and ZIP. If the owner is an LLC, write the full registered name (e.g., 123 Main Street LLC) and use the principal office address from the Secretary of the Commonwealth corporate database. Aisha, who owns a duplex in her own name, writes Aisha Patel, 47 Oak Street, Quincy, MA 02169.
The nuance: trustees of a realty trust must write Aisha Patel, Trustee of the Oak Street Realty Trust under Declaration of Trust dated 6/1/2018. The common mistake is writing a “doing business as” name without the legal owner; the case can be dismissed for lack of standing because Oak Street Apartments is not a person who can sue. The misconception is that property managers can be the named plaintiff; only the owner or a trustee with a recorded power may sue, and a manager appears only as an agent.
Defendant (Tenant) Name and Address
The Defendant/Tenant/Occupant block asks for each tenant’s full legal name and the address of the rental unit.
Write each tenant’s full legal name on its own line, plus and all other occupants if you do not know every adult by name. Use the rental unit address, including apartment number, exactly as it appears on the lease and the mailbox. Carlos enters Janet Rivera and Luis Rivera, 88 Commonwealth Avenue, Apt. 3B, Boston, MA 02116.
The edge case is a deceased tenant; you must name the Estate of [name], by its Personal Representative, and serve the Probate Court appointee. The common mistake is dropping the unit number, which can void service because the constable cannot identify the right door. A misconception is that listing only one spouse is enough; courts require every adult occupant on the lease to be named, or the unnamed person can stay even after a judgment.
Docket Number
The upper-right corner has a Docket Number box.
Leave this box blank when you fill out the form; the clerk stamps the docket number when you file. Never write a number you guessed, and do not reuse a number from a prior case. Janet, refiling after a defective service, leaves the docket number empty and lets the Housing Court clerk assign a fresh 26H79SP000123 number on the date of entry.
The nuance: if you bought the form through eSummons, the form already carries a unique tracking number that is not the docket number. The mistake is writing your eSummons tracking number in the docket box, which confuses the clerk. The misconception is that the docket number from your prior small claims case carries over; summary process cases always get a new number.
Entry Date
A line on the front says Plaintiff/Landlord/Lessor/Owner MUST Provide Entry Date for Proper Service.
Write a Monday at least seven and no more than 30 days after the date of service on the tenant, formatted MM/DD/YYYY. Uniform Summary Process Rule 2(b) makes Monday the only legal entry date. Marcus picks 06/15/2026 because the constable will serve on June 1 and the next valid Monday after the seven-day minimum is June 15.
The edge case is a Monday holiday like Patriots’ Day; the entry date moves to the next business day under the rule. The most common mistake is picking a Tuesday or any non-Monday, which voids service and forces a refile with a new constable trip. The misconception is that the entry date is the trial date; the trial is the second Thursday after entry.
Reason for Eviction
The complaint section has a checkbox list of reasons: Nonpayment of rent, No-fault termination of tenancy at will, Cause/lease violation, Foreclosure, and Other.
Check the single box that matches your Notice to Quit. If you sent a 14-day nonpayment notice, check Nonpayment of rent. If you sent a 30-day no-fault notice, check No-fault termination. Aisha, evicting after a foreclosure of the prior owner, checks Foreclosure and attaches the recorded foreclosure deed.
The nuance is that you cannot mix Nonpayment with Cause on the same complaint; if both apply, file the strongest case and amend later. The mistake is checking Other without naming a statutory ground, which leads to dismissal under USPR Rule 2(d). The misconception is that a tenant’s “bad behavior” alone is enough; you still need a written Notice to Quit citing the lease clause violated.
Statement of Rent and Use-and-Occupancy
A two-column table asks for the Period, Rent Due, Use and Occupancy Due, and Total.
List each month from the date of the breach forward, write the rent owed for each month, and switch to use and occupancy for any month after the Notice to Quit terminated the tenancy. Janet enters April 2026: $1,800; May 2026: $1,800; June 2026 (U&O): $1,800; Total: $5,400.
The edge case is a partial-month proration when the tenancy ends mid-month; calculate the daily rent and write the partial figure. The mistake is continuing to call post-notice payments rent, which can revive the tenancy under Strycharski v. Spillane. The misconception is that late fees and utilities go in the rent column; only base rent and use and occupancy belong here, with other charges itemized separately.
Description of Premises
A line asks for a Description of Premises.
Write the full street address, unit number, city, and any unit-identifying detail (third floor rear, basement studio). If the property is a multi-family, identify the specific apartment, not the whole building. Marcus writes Apartment 2, second floor, 47 Oak Street, Quincy, Norfolk County, MA 02169.
The nuance is commercial space; describe it by suite number and square footage if the lease does. The mistake is writing only the street number, which leaves ambiguity if the building has multiple units and gives the tenant a defense. The misconception is that a parcel ID is enough; courts want the address a constable can find on a mailbox.
Plaintiff’s Signature and Date
The bottom of page two has a signature block for the Plaintiff or Plaintiff’s Attorney.
Sign in blue or black ink, print your name beneath the signature, and date the form on the day you sign. An attorney signs with their BBO number from the Board of Bar Overseers directory. Carlos, signing pro se, writes Carlos Mendes, 06/01/2026 and adds his phone number and email.
The edge case is electronic filing; the eFileMA system accepts a typed s/ Carlos Mendes under Mass. R. Civ. P. 11 and the Massachusetts Rules of Electronic Filing. The mistake is leaving the date blank; an undated complaint can be challenged as not properly verified. The misconception is that any LLC member can sign; only a licensed attorney can sign for a corporate plaintiff.
Service Section (Constable or Sheriff)
A block on the front of the form labeled Service must be completed by the officer who serves the tenant.
Hand the form to a Massachusetts constable or sheriff in the county where the property sits. The officer fills in Service, Copy/Attest, Travel, Use of Car, Mailing, and Total, then signs and dates. Janet hires a constable who writes $45 service, $5 copy/attest, $0 travel, $0 use of car, $1.50 mailing, total $51.50.
The nuance is in-hand vs. last-and-usual service; in-hand is preferred but last-and-usual at the unit plus a mailed copy is allowed under USPR Rule 2(c). The mistake is letting the constable serve on the wrong day; service must be complete at least seven days before the entry date. The misconception is that you can serve the tenant yourself; only a sworn officer may serve summary process under M.G.L. c. 239, § 2.
Three Filled-Out Examples Using Real Scenarios
These three named scenarios show how the same form looks in three different real-world cases. Each table has eight rows tied to the most error-prone sections.
Scenario 1: Marcus, nonpayment of rent on a Worcester triple-decker
| Form Section | What Marcus Enters |
|---|---|
| Court Department / Division | Housing Court / Worcester Division |
| Plaintiff | Marcus O’Hara, 12 Pleasant Street, Worcester, MA 01609 |
| Defendant | Janet Rivera and all other occupants, 47 Oak Street, Apt. 2, Worcester, MA 01605 |
| Reason for Eviction | Nonpayment of rent (14-day notice attached) |
| Entry Date | 06/15/2026 (Monday, 14 days after service) |
| Rent Owed | April $1,500; May $1,500; June (U&O) $1,500; Total $4,500 |
| Description of Premises | Apartment 2, second floor, 47 Oak Street, Worcester, MA 01605 |
| Signature | s/ Marcus O’Hara, 06/01/2026, pro se |
Scenario 2: Aisha, post-foreclosure eviction in Quincy
| Form Section | What Aisha Enters |
|---|---|
| Court Department / Division | Housing Court / Eastern Division |
| Plaintiff | Bay State Bank, N.A., 100 Federal Street, Boston, MA 02110 |
| Defendant | Daniel Kim, former owner, and all other occupants, 88 Hancock Street, Quincy, MA 02170 |
| Reason for Eviction | Foreclosure (foreclosure deed and 90-day notice attached) |
| Entry Date | 07/06/2026 |
| Rent Owed | Use and occupancy June $2,200; July $2,200; Total $4,400 |
| Description of Premises | Single-family home, 88 Hancock Street, Quincy, Norfolk County, MA 02170 |
| Signature | s/ Aisha Patel, Esq., BBO #654321, 06/15/2026 |
Scenario 3: Carlos, no-fault termination of a tenancy at will in Boston
| Form Section | What Carlos Enters |
|---|---|
| Court Department / Division | Boston Municipal Court / Central Division |
| Plaintiff | Carlos Mendes, 200 Beacon Street, Boston, MA 02116 |
| Defendant | Luis Rivera and Maria Rivera, 88 Commonwealth Avenue, Apt. 3B, Boston, MA 02116 |
| Reason for Eviction | No-fault termination of tenancy at will (30-day notice attached) |
| Entry Date | 08/03/2026 |
| Rent Owed | Use and occupancy August $2,400; Total $2,400 |
| Description of Premises | Apartment 3B, third floor, 88 Commonwealth Avenue, Boston, MA 02116 |
| Signature | s/ Carlos Mendes, 07/15/2026, pro se |
How to File the Completed Form
You have three filing channels in Massachusetts: electronic filing through eFileMA, in-person filing at the clerk’s office, and mail filing under Mass. R. Civ. P. 5. Each channel has its own fee, payment method, and proof-of-filing standard.
Online (eFileMA / Tyler Technologies): Register at eFileMA.com and follow the eFiling resource page for summary process. Pay the $135 Housing Court filing fee or $195 District/BMC fee plus a $7 service charge by credit card. Processing takes one to three business days, and the system emails a stamped Notice of Electronic Filing that serves as your proof.
In person: Bring the original Summons and Complaint with the constable’s completed return, plus two copies, to the clerk’s office in the division named on the form. Pay by check, money order, or credit card. The clerk stamps your copies on the spot, and that stamped copy is your proof of filing.
Mail: Send the original, two copies, the constable’s return, the filing fee check made out to Commonwealth of Massachusetts, and a self-addressed stamped envelope by certified mail to the clerk. Processing runs five to ten business days, and the returned stamped copy is your proof. The Trial Court’s court locator lists the mailing address for every division.
Whichever channel you use, you must file between the date of service and the entry date Monday; filing too early or too late voids the case under USPR Rule 2(a).
What Happens After You File
Once the clerk enters the case, the court schedules the first event for the second Thursday after the entry date Monday. That hearing is usually a Tier 1 case management conference in Housing Court, or a trial-ready first appearance in District Court. The tenant’s Answer and Counterclaims are due no later than the Monday before the first event under USPR Rule 3.
If the tenant files counterclaims for bad conditions, security deposit violations, or retaliation, the court may apply the conditions defense under M.G.L. c. 239, § 8A and offset rent owed. Many Housing Courts route cases to a Tenancy Preservation Program or court-connected mediation before trial. If the tenant does not appear and did not file an answer, the landlord can move for default judgment for possession and money damages.
After judgment, the landlord must wait ten days for the appeal period to run, then request a Writ of Execution. The Writ is the only document that authorizes a constable to physically remove the tenant, and it is good for three months from issuance under M.G.L. c. 235, § 23. Stay-of-execution motions under M.G.L. c. 239, § 9 can delay the Writ for up to 12 months for elderly or disabled tenants.
Mistakes to Avoid When Filling Out the Form
Each of these errors produces a specific, painful consequence. Most lead to dismissal without prejudice, meaning you can refile, but only after losing weeks and re-paying the constable.
- Picking a non-Monday entry date. The clerk will reject the filing under USPR Rule 2(b), and you must serve again.
- Serving the Notice to Quit and the Summons on the same day. You lose the seven-day minimum gap and the case is dismissed.
- Naming the property manager as plaintiff. Lack of standing dismissal under Varney Enters. v. WMF.
- Writing the LLC’s d/b/a instead of its registered name. The court strikes the complaint for misnomer.
- Missing the apartment number. Service is voided because the unit is unidentifiable.
- Omitting the Notice to Quit attachment. The complaint fails the pleading requirement of USPR Rule 2(d).
- Calling post-notice payments “rent.” The tenancy revives and you must restart with a new notice.
- Letting an LLC sign pro se. The court strikes the pleading and may impose costs.
- Filing in Superior Court for a routine eviction. The case gets transferred down, costing 30+ days.
- Forgetting the constable’s return. The court has no proof of service and dismisses on the first call of the list.
- Including late fees in the rent column. The complaint can be reduced or struck, and bad-faith claims may trigger c. 93A liability.
- Using a pre-November 2024 form for a brand new case. Some clerks accept it under the grandfather rule, but many reject it; use the Rev. 1/2025 version.
Do’s and Don’ts
These six paired rules cover the most common decision points landlords face while filling out the form.
- Do purchase the current Rev. 1/2025 form because the layout matches what the clerk expects to scan.
- Do double-check the entry date against a calendar because Monday holidays move the date forward.
- Do attach the Notice to Quit and proof of service because the court will not search its own file for them.
- Do name every adult occupant because anyone unnamed can stay after judgment.
- Do keep a stamped copy of the entire filing because you will need it for the Writ of Execution.
- Do use the constable from the county where the property sits because out-of-county service is invalid.
- Don’t accept rent after serving the Notice to Quit because acceptance can revive the tenancy.
- Don’t sign the form for an LLC without a Massachusetts attorney because the pleading will be struck.
- Don’t guess the docket number because the clerk assigns it and your guess creates a duplicate-case error.
- Don’t write et al. in place of named tenants because USPR Rule 2(d) requires actual names.
- Don’t mail the original without certified tracking because lost filings void the entry date.
- Don’t mix nonpayment and cause grounds because USPR Rule 2(d) treats them as separate cases.
Pros and Cons of Filing on Your Own vs. With Help
Pro se filing is legal for individual landlords, but the procedural traps are real. Weigh both columns before you decide.
- Pro – Cost savings: A pro se landlord avoids attorney fees that average $1,500–$3,000 per uncontested case.
- Pro – Speed of decision-making: You can sign and file the same day you reach the seven-day mark.
- Pro – Direct knowledge of the tenancy: You know the rent ledger and the lease better than any attorney.
- Pro – No engagement letter delays: You skip the conflict check that can cost three to five business days.
- Pro – Direct relationship with the constable: You schedule service on your own timetable.
- Con – Risk of dismissal: Housing Court data shows pro se landlords face dismissal at higher rates than represented landlords.
- Con – Counterclaim exposure: A tenant’s c. 93A or 8A counterclaim can trigger triple damages you may not recognize until trial.
- Con – LLC bar: If you own through any entity, you cannot file pro se at all.
- Con – Discovery missteps: The 10-day discovery window in USPR Rule 7 traps unrepresented landlords.
- Con – Appeal complexity: Drafting a Notice of Appeal and bond motion under M.G.L. c. 239, § 5 is hard without counsel.
A useful comparison of the two main filing channels:
| Filing Channel | Trade-Offs |
|---|---|
| Housing Court eFiling | Faster docketing, stamped notice by email, $135 fee plus $7 service charge, requires eFileMA account |
| Paper filing at clerk’s office | Same-day stamped copies in hand, accepts cash or check, longer wait at counter, requires travel to division |
FAQs
Do I need to attach the Notice to Quit to the Summons and Complaint? Yes. USPR Rule 2(d) requires the Notice to Quit and proof of service to be attached as exhibits or the complaint can be dismissed at the first hearing.
Can I file the form without a lawyer if I own through an LLC? No. Massachusetts law requires LLCs and corporations to appear through licensed attorneys, and a pro se LLC filing will be struck under Varney Enters. v. WMF.
Do I write my full LLC name in the plaintiff box or the d/b/a? Yes, the full registered LLC name. Using only a d/b/a creates a misnomer defense that judges routinely sustain on motion.
Do I have to pick a Monday for the entry date? Yes. Uniform Summary Process Rule 2(b) makes Monday the only valid entry date, and a non-Monday date voids the filing.
Can I serve the Summons myself to save constable fees? No. M.G.L. c. 239, § 2 requires service by a constable or sheriff; self-service is invalid and grounds for dismissal.
Do I list the months of unpaid rent or just the total? Yes, list each month separately with the rent and use-and-occupancy split, because a lump sum can be challenged as unverified.
Can I include late fees and utilities in the “rent owed” column? No. Only base rent and use and occupancy belong in the rent column; itemize other charges as separate damages.
Do I leave the docket number blank when I fill out the form? Yes. The clerk assigns the docket number at entry, and writing your own number creates a docketing conflict.
Can I file in Superior Court for a high-rent commercial eviction? Yes, but Superior Court rarely keeps summary process cases and almost always transfers them to District Court or Housing Court.
Do I need to use the Rev. 1/2025 version of the form? Yes for new cases. Pre-November 2024 forms remain valid for cases already started, but new filings should use the current form to avoid clerk rejection.
Can I name unknown adult occupants as “John Doe”? Yes, you can use and all other occupants on the defendant line, but you must serve and identify them before judgment for full possession.
Do I have to send the tenant a copy after I file? No separate copy is required after filing because the constable’s pre-filing service satisfies notice; you do, however, serve any later motions under Mass. R. Civ. P. 5.
Can I accept partial rent after I serve the Notice to Quit? No, not without a written reservation-of-rights agreement, because acceptance of rent without conditions can revive the tenancy and force you to restart.
Do I sign the complaint under the pains and penalties of perjury? Yes. The signature block requires a verified signature, and false statements can lead to perjury charges and c. 93A liability.
Can I file electronically if I am a pro se landlord? Yes. The Joint Standing Order allows pro se parties to register at eFileMA and electronically file new summary process cases in Housing Court, BMC, and District Court.
Related reading
- How to Fill Out Massachusetts 14-Day Notice to Quit (w/Examples) + FAQs
- How to Fill Out Massachusetts 30-Day Notice to Quit (w/Examples) + FAQs
- How to Fill Out Massachusetts Motion to Vacate Default Judgment (Housing) + FAQs
- How to Fill Out Massachusetts Small Claims Statement of Claim + FAQs
- How to Fill Out Pennsylvania Form DC-06 (w/Examples) + FAQs
- How to Fill Out Washington Form LT‑05 (w/Examples) + FAQs
- How to Fill Out Washington Form LT 01 (w/Examples) + FAQs