Essex County Eviction Court β Landlord Filing Guide (2025)
Everything Massachusetts landlords need to file a Summary Process (Eviction) in Essex County β fees, courthouse info, timeline, and step-by-step process.
ποΈ Essex County Courthouse Information
- Courthouse: Salem District Court
- Address: 65 Washington St., Salem, MA 01970
- Phone: (978) 744-1167
- Hours: MonβFri, 8:30 AM β 4:30 PM
- Case type: Summary Process (Eviction)
β οΈ Essex County β What Landlords Should Know
Essex County follows standard Massachusetts eviction procedures.
Need an Eviction Attorney in Essex County?
Procedural mistakes can get your case dismissed. Get matched with a local Essex County eviction attorney β free consultation.
Step-by-Step: How to File an Eviction in Essex County
Serve the Required Notice
Before filing, you must serve a written notice. For non-payment of rent, a 14-day Pay or Quit notice is required. For lease violations, serve a 14-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per Massachusetts law.
File Your Summary Process (Eviction) at Salem District Court
After the notice period expires without compliance, file your eviction complaint at the Salem District Court (65 Washington St., Salem, MA 01970). The filing fee is $120. Bring: your lease agreement, the notice, and proof of service.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Essex County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $50. You must NOT serve the summons yourself β improper service can get your case dismissed.
Attend the Court Hearing
Hearings in Essex County are typically scheduled 3β5 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.
Obtain and Enforce the Writ of Possession
After a judgment in your favor, request a Writ of Possession from the clerk. The Massachusetts Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself β this constitutes illegal self-help eviction in Massachusetts.
Essex County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $120 | Paid to Essex County Clerk of Court |
| Summons Service | $50 | Sheriff or process server fee |
| Writ of Possession | ~$43β$50 | Sheriff enforcement after judgment |
| Attorney (optional) | $750β$3000 | Strongly recommended β strong tenant protections |
Frequently Asked Questions β Essex County Evictions
How long does an eviction take in Essex County?
The typical Essex County eviction takes 4β8 weeks from serving the initial notice to enforcement β assuming the tenant does not contest. A contested eviction can take significantly longer. Essex County has stronger tenant protections that can extend the timeline.
How much does it cost to file an eviction in Essex County?
The court filing fee in Essex County is $120. Additional costs typically include: process service or sheriff fee ($50), Writ of Possession enforcement (~$43β$50), and attorney fees if represented ($750β$3000). Total out-of-pocket without an attorney is typically $213β$220.
What court handles evictions in Essex County?
Evictions in Essex County are filed at the Salem District Court, located at 65 Washington St., Salem, MA 01970. The case type is filed as a Summary Process (Eviction).
Can I file an eviction online in Essex County?
Essex County does not currently offer online filing for eviction cases. You must file in person at the Salem District Court.
Do I need a lawyer to evict a tenant in Essex County?
Massachusetts law allows landlords to represent themselves in eviction court. However, Essex County has strong tenant protections, making procedural errors costly β an attorney is strongly recommended.
What happens if the tenant doesn't leave after the eviction judgment in Essex County?
After a judgment in your favor, request a Writ of Possession from the court. The Essex County Sheriff's office will then execute the writ β notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in Massachusetts.
See full Massachusetts eviction laws and notice requirements.
Massachusetts Eviction Guide for Landlords βDownload the eviction notice you must serve before filing in Massachusetts.
Massachusetts Eviction Notice Templates βIs your tenant facing eviction in Essex County? See their rights.
Tenant Rights in Essex County βRelevant Massachusetts Statutes
- Primary eviction statute: Mass. Gen. Laws ch. 239 Β§ 1
- This guide is for informational purposes only. Laws change β verify with current Massachusetts statutes or a licensed Essex County attorney.