If you have never gone through a tenant eviction, we recommend that you consult with an experienced landlord-tenant attorney about the specifics of your case. While the steps needed to commence an eviction action may seem simple and straightforward in practice, the specifics will differ depending on the situation. Evicting a tenant in Massachusetts requires time, knowledge, and resources. Real estate is a business, and your role as a landlord should be approached in a businesslike manner. In this article, we will explore the advantages and disadvantages of either commencing and litigation an eviction action on your own vs. hiring an experienced landlord-tenant Attorney. This article is based on Massachusetts law covering residential rentals. In many instances, the laws are similar in other states, but there are no guarantees. This article does not constitute legal advice and is no substitute for individual legal advice by a competent attorney who is familiar with the landlord-tenant laws of your state and knows and reviews all the specifics of your situation. We asked local landlord-tenant attorney, Ali Manigat, Esq. from Hagstrom White, P.C. to help us provide some examples of how they advise their clients dealing with a landlord-tenant issue.
Before we talk about the advantages and disadvantages, it is important to note that there is no such thing as self-help when it comes to evicting a tenant. That means that you cannot lock a tenant out of their apartment. Doing so may be subject you to a judicial restraining order, civil suit for money damages, and even criminal prosecution. Only a judge can order a tenant to move. Until then, the tenant has the right to remain in their apartment, even if in the meantime they continue not to pay their rent or behave in a way that violates the terms of their lease agreement.
Now, let’s look at the typical landlord-tenant case:
- The tenant stops paying rent or violates a lease provision;
- The landlord prepares and serves a Notice to Quit. Depending on the type of notice, it may either order the tenant to vacate the apartment in 7, 14 or 30 days;
- If the tenant does not leave the apartment by the date specified in the Notice to Quit, the landlord prepares, serves, and files a Summary Process Summons and Complaint in most cases from the District or Housing Court; and,
- The Summary Process Summons and Complaint will state the Trial Date and the date by which the Tenant may serve an Answer. If the Tenant requests “discovery”, the Trial Date will automatically postpone for two weeks.
On the Trial Date, the parties may either come to a Settlement or proceed to Trial, where each party will have the opportunity to present their evidence.
In a typical non-payment case, the Tenant may already owe a few months of rent even before you have your day in court. Now let’s go over some advantages and disadvantages to help ensure that you make best decisions in how to proceed.
Communicating with a Tenant:
Effectively communicating with a tenant is key to establishing and maintaining an excellent landlord-tenant relationship. However, in times of crisis when tensions run high between the parties, communication may become emotional and can escalate very quickly to yelling, screaming and accusing. If the landlord does not treat real estate as business, allowing for their emotions to control the situation, it may be used against them in court. While sending threatening text messages or harassing a tenant with phone calls may help release some of the frustration you may be feeling, but it will not do any good for the case in the long run.The advantage of meeting with an experienced landlord-tenant attorney at the early stages—meaning as soon as the tenant has stopped paying their rent or a has violated a lease provision—are that he or she can recommend the proper course of action. An experienced landlord-tenant attorney can prepare the appropriate Notices and legal documents necessary, as well as advise you as the appropriate course of action.
Attorney Ali Manigat, Esq. from HagstromWhite, P.C.,
“A landlord-tenant dispute can be frustrating, but never let your emotions take control of the situation. Always strive to keep your communications and interactions with your tenant as professional as possible. If that is impractical or too difficult given the circumstances, you may choose to have an attorney communicate with the tenant on your behalf.
Keeping good records and evidence:
Keeping good written records and maintaining a file for each tenant is essential regardless of whether you choose to use an Attorney or not. Real estate, just like any other business, requires proper bookkeeping and filing system. So be sure to keep all leases, receipts, correspondence, and any other relevant documents for each tenant somewhere where it can easily be retrieved.The advantages of retaining an experienced landlord-tenant attorney is that he or she can review your records and determine which documents can be used to support your claim in front of a judge.
Attorney Ali Manigat, Esq from HagstromWhite, P.C.:
“At trial, you must prove your case with hard evidence. Your tenant must also do the same if their Answer contains counterclaims. This is done with documents, records, and witnesses. That's why it is important to keep a paper trail throughout the tenancy.
Not giving proper notices to a tenant:
Commencing an eviction without an experienced landlord-tenant attorney requires knowledge of Massachusetts eviction laws. You must know how to terminate a tenancy, precisely when to notify a tenant to "quit and deliver up" the apartment, how much time you must give them, and what information. It’s also important to know how to deliver a Notice to Quit properly , a Summons and Complaint, as well as 48 Hour notices. We recommended that any court documents be served by either Constable or Sheriff because they will provide a “Return of Service,” which will serve as proof that the Tenant has been served according to the requirements of the law.The advantage of retaining an experienced landlord-tenant attorney would be their knowledge about how to prepare and serve a Notice to Quit, how long to wait before you can start court proceedings, and how to properly handle a tenant’s counterclaims. You don’t want to create unnecessary delays or jeopardize your case just because a required document was not prepared or served correctly.
Attorney Ali Manigat, Esq from HagstromWhite, P.C.:
“The first step in evicting any Massachusetts tenant is the service of the Notice to Quit. There are specific rules as to how the Notice to Quit must be drafted, what it must say, and how it must be delivered. Any mistakes can jeopardize your eviction case even before you step into court. An experienced eviction attorney can assist with the drafting and service of the Notice to Quit.”
Saving on Attorney’s fees:
The costs to retain an attorney will vary according to the complexity of your eviction case. These costs may also depend on whether your tenant hires an attorney to defend their interests and if they file counterclaims.The advantage of not hiring an attorney to represent you in an eviction case is that you save on Attorney’s fees. This is probably the number one reason why landlords typically choose to represent themselves in an eviction action. By doing this, the only cost would be filing and service fees, which are around $200.00 for a typical eviction action in Massachusetts. For the rest of the case, you will pay with your own time. However, as we mentioned at the beginning of this article, real estate should be treated just like any other business. In fact, if an LLC holds your property, it is required that an Attorney represents you in court. An experienced landlord-tenant attorney will save you time and money by avoiding costly mistakes. If you factor in your the time spent in court and, it may be more than the cost to retain Attorney.
Attorney Ali Marc Manigat, Esq from HagstromWhite, P.C.:
”Landlord-tenant laws can be complex and confusing, and it when comes to commencing an eviction action, it is important to it right from the get*go. An improperly drafted or delivered Notice to Quit could result in costly unexpected and bad results for an inexperienced Landlord.”
An eviction action is never cheap or easy. Each eviction case is unique. It is going to take time and money regardless of how you approach it. The goal however, is to minimize that loss and improve your odds of success. We recommend approaching each case individually and always be ready for the unpredictable. The goal is not only to win the case but to minimize the losses along the way.
We want to thank our contributor, Attorney Ali Manigat, Esq from HagstromWhite, P.C. If you have any landlord-tenant or real estate related questions or are going through an eviction case in Massachusetts, you can reach out to them for a consultation. You can find out more about them on their website: https://www.hagwhite.com.
At Proxima, our goal is to help landlords minimize the time and cost of evictions by using this established process. If you have an eviction judgment and need help removing your tenant, we can provide eviction moving and storage services for you. Call us at 617-588-0111 ext.3 to learn more.
Sources:
File an eviction case:
https://www.mass.gov/how-to/file-an-eviction-case
Learn about going to court for an eviction case:
https://www.mass.gov/service-details/learn-about-going-to-court-for-an-eviction-case
Find out when a landlord can evict a tenant:
https://www.mass.gov/service-details/find-out-when-a-landlord-can-evict-a-tenant
Learn about what may happen after an eviction hearing:
https://www.mass.gov/service-details/learn-about-what-may-happen-after-an-eviction-hearingDisclaimer: This information is not legal advice and provided for general informational purposes only. Failure of the landlord to properly file for eviction or terminate the lease could cause delays and dismissals of the case. We always work with Attorneys who are familiar with the laws in Massachusetts to make sure evictions are completed as quickly and efficiently as possible.