A Landlord’s Guide to Small Claims Court in Massachusetts

By Kimberly Rau, MassLandlords, Inc.

Called the people’s court, small claims court offers individuals a simplified, less expensive way to resolve monetary disputes in amounts of $7,000 or less. However, many landlords seem unaware of the advantages of small claims court, or that it even exists.

You can bring a small claims case in district or housing court, or a Boston municipal court. It all depends on where you and your defendant live or work. Shown here: the Edward W. Brooke Courthouse, home to the central division of the Boston Municipal Court. (Image: Public Domain)

In this article, we will give a basic overview of the small claims process, as well as discuss some things landlords should be aware of when they choose this option to recover funds.

The Small Claims Process in Massachusetts

Small claims court is for monetary cases only. You cannot bring criminal cases to small claims court, or eviction cases. If you are seeking to evict your tenant and collect on lost rent, you would file that eviction through the appropriate housing court. However, if your tenant vacates the apartment and leaves you with unpaid rent or damages that exceed the security deposit, small claims court is an appropriate venue to pursue judgment.

You can file a small claims case where either you or the defendant lives or works. As a landlord, you may also file in the court that covers the area where your rental is located. Small claims cases are heard in both housing and district courts, as well as the Boston municipal court. Filing may be done in person, online or via mail.

The $7,000 filing limit for small claims court does not mean that that is the limit on possible damages the judge could award. For example, if a landlord were fined treble damages for violating the statute governing security deposits, the amount awarded could exceed $7,000, but the case could still be heard in small claims court.

Benefits to small claims court include low filing fees, starting at $40 for claims under $500 and capping at $150 for claims of $5,001 and more. You do not need to hire a lawyer to bring a case in small claims court, even if your rentals are managed under an LLC or other business entity. This is different from other Massachusetts court systems, where LLCs must have legal representation. You can, however, have a lawyer represent you in small claims if you want. Mediation is also available.

The drawback to small claims court is that if you are the plaintiff and you lose your case, you are not allowed to file an appeal. Defendants who showed up to court and lost their case always have the right to appeal within 10 days, at which point the case will be scheduled for another hearing. To successfully appeal a decision, defendants must be able to state which facts of the original case they are disputing.

“You should be prepared to inform the judge about which relevant facts the plaintiff and the defendant agree on, and which relevant facts they disagree about,” the defendant’s Claim of Appeal form states. If their appeal includes any counterclaims, the original plaintiffs are able to appeal those judgments, if any.

Discovery is also limited, meaning both parties may not have access to the same information before it is presented to the court, and damages are typically monetary only. Injunctions and restraining orders are not usually determined in small claims court.

Most claims based on either a contract or consumer protection laws have a six-year statute of limitations, however, a small claims judgment in your favor in Massachusetts is good for 20 years. That means even if you cannot collect on the judgment right away, you may be able to in the future.

However, before you can collect on the judgment, the courts must first determine that the defendant is able to pay.

No need to be a legal scholar to bring a case in small claims court. Just have your documentation ready and be prepared to explain your case to the judge. (But you can always hire a lawyer if you want one). (Image: Fair Use)

Monetary Judgments Now Require a Payment Hearing

In December 2024, the Supreme Judicial Court approved amendments to the trial court rules that require a payment hearing before any payment order can be made. These changes went into effect Feb. 2, 2025. The payment hearing may immediately follow the original court hearing, or, if the defendant is unprepared, may be scheduled for a later time.

This change requires defendants who lose in small claims court to complete a Statement of Finances and Income form prior to the payment hearing, regardless of whether the parties have come to an independent agreement, or whether the hearing is contested.

Massachusetts allows individuals to “protect” quite a bit of their income and assets from creditors, and the financial statement form is designed to help the courts determine how much of the defendant’s income and assets are exempt.

If, after a payment hearing, the court determines the defendant cannot pay without relying on protected income or assets, no payment order will be entered. The court will also clarify to both parties that any private agreement they may come to is not a court order and will not be enforced by the court.

After the payment hearing, either party can request a review of the payment order (or lack thereof) based on changed circumstances.

Collecting on Judgments is Not Easy, but Can be Done.

If you get a payment order from the court, that judgment is good for 20 years, but collecting on it may not be easy. In a 2024 article, we looked at the state’s limits for exempt income and assets and the average person likely wouldn’t have much left available for garnishment or court-ordered payments.

But that doesn’t mean all is lost, or that it can’t be done. Attorney Jordana Roubicek Greenman spoke with us for our 2024 article and noted that even if you can’t get wages garnished, there are other means to pursue payment, such  as using an order for payment to place a levy on any property the defendant may own or purchase in the future. This requires some homework and keeping track of what your former tenant is up to, but could mean a payout in the future.

Landlords we have spoken to have told similar stories of keeping tabs on their tenants and collecting on money judgments years after they were issued. Brian K. told us about his tenant who was evicted and had two money judgments against her when she left the state and moved to New Hampshire. However, after hiring an attorney, he was able to collect on one of the judgments and is still pursuing the second. With interest, he said, the second judgment is now worth twice what is was originally.

“It’s still a pain in the neck, though,” he told MassLandlords.

Tips for Small Claims Court

If you decide to go the small claims route, come prepared to give evidence for why you are entitled to the money you are seeking. This means bringing any and all documentation you may have, and making copies for both the defendant and the court. If you took a security deposit, bring all paperwork related to that, as well as any documentation of damages, repair costs, and a summary of what you are seeking beyond the security deposit amount.

An important thing to note: if you mishandle the security deposit, you can return it to the renter and then bring a full claim against them in small claims court. Under state law, landlords are not required to take from the security deposit first before pursuing damages in small claims court. This is particularly important in a state where the security deposit law is so strict, and landlords who mishandle their tenants’ money could face treble damages plus attorney fees.

“Nothing in this section shall limit the right of a landlord to recover from a tenant, who willfully or maliciously destroys or damages the real or personal property of said landlord, to the forfeiture of a security deposit, when the cost of repairing or replacing such property exceeds the amount of the security deposit,” the law states.

If you did not take a security deposit, bring evidence of damages and repairs to court, as well as evidence that the damages did not exist before your tenant moved in. Bring receipts, any communication you had with the tenant about the damage, and any proof you may have that you tried to work this out directly with the person before going to court.

Finally, be prepared to discuss your case and stand up for yourself. The form you fill out when filing your small claims case will have a summary of why you are bringing the case before the court, but the judge may have additional questions for you. You should be ready to talk about what happened and why you are seeking remedy through the court system.

Conclusion

The small claims court process may not always result in your being able to collect against judgments in your favor, but that doesn’t mean you shouldn’t try, especially given the relatively low cost of filing and the fact that you don’t need to hire a lawyer. (If you do have legal representation, you have the chance to recoup attorney’s fees if you win.)  If you get a payment order in your favor, collecting may be difficult, but it’s not impossible.

We consistently encourage our landlords to stay out of court whenever possible, but sometimes, it’s worth it. It’s up to you if the amount of money you’re owed is worth spending an afternoon in court, as well as the time spent after to collect on your judgment.