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Updated almost 11 years ago,
Massachusetts Landlords - Do you represent yourself in court for an eviction or serve your own notices to tenants?
Good morning BP...
I'm curious to know how landlords (mainly in MA but even beyond the borders) handle evictions. Do you serve your own notices to quit? Do you use a constable? Do you go to court and represent yourself? what does an attorney typically charge for an eviction?
Personally, I go to court myself but I choose to use a constable to serve all notices to quit and summary process forms. I used an attorney once for my first eviction. He charged me a few hundred dollars (I don't remember exactly). I think one thing a new landlord needs to do is represent themselves in court for an eviction. Experienced landlords should as well but at least do it once to experience the process.
Regarding serving notices, certainly you can serve your own notices to your tenants and take photos of yourself taping it to the door and mailing it to them and go through whatever process you go through but at the end of the day, it's your word against theirs as to whether or not you actually served the notice and they actually received it.
By hiring a constable, there is no question it has been served in the eyes of the court. I pay $25 for the notice to quit and $35 for the summary process. Money well spent. He also explains the entire process to the tenant so they know what to expect in the event they decide to ignore the notice, not pay, or not show up in court.
On the other hand, I will keep the hefty attorneys fees many landlords pay in my pocket. If you're prepared, have all your ducks in a row so to speak, and you're honest with the judge, I see nothing an attorney can do for me that I can't do for myself.
What do you all think?