Should I use an attorney for an eviction or not

Question

I am in the process of evicting an a tenant. I start the process already. Do I need to hire an attorney or not? I looking for answer to  make a decision.

Philip Barr · Answer

Agreed about the necessity of an attorney here. Although you may not have funds upfront to hire an attorney, many of them work on a contingency fee basis, even for matters that don't involve vast sums of money or that are in small claims court. You may want to check your state bar association or reference resources like martindale.com to find an attorney.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

Yvette Hardmon · Answer

Yes I agree you need to have a phone consultation with an Attorney. They will provide you with an overview of what needs to be done in Massachusetts and what they will charge. You can address your general questions at that point. Some Attorneys offer a do it yourself step by step package at a reduced rate.

Ryan Rominger · Answer

You don’t have to hire an attorney, especially if you’re familiar with the process and your case is straightforward. But if the tenant is contesting the eviction, there's a history of issues, or you're unsure about the legal steps, it might be a good idea to consult with one to avoid delays or mistakes.

KC Ushijima · Answer

Like the others, strongly recommend using an attorney for an eviction, especially if you've never done an eviction before.

However, if it turns out to not be [financially] feasible to hire an attorney, the state/state court/state housing board (one of those) will often have a guide for Landlord-Tenant matters on their website, and may even have templates that can be used by the landlord or the tenant.  And depending on how accessible your local courts are, you might be able to check the local court calendar to see if there are any other eviction matters going on.

This is more of a last resort, if you're not able to to follow the recommendation of retaining an attorney.

Using an attorney can also be beneficial when it comes to (trying to) collect on a judgment.  Getting a judgment and collecting on a judgment are different processes.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

Adam Bartomeo · Answer

We do not use attorneys but the process is probably much easier in Florida than MA. You should sell your property and invest in a Landlord friendly state, FLORIDA!

Colleen F. · Answer

@Sharon Porter  If this is in MA  I would.   Hopefully it would speed up the process and avoid missteps and get them out faster. If they owe 7k now you want to smooth the process as much as possible to get them out more quickly  and get that unit re-rented and bringing you income. One misstep could cost you months. Find someone who handles a lot of evictions. If you have an LLC you may need to use a lawyer.

Chris Seveney · Answer

If you do not have a property manager who will do it for you and you are going at it alone - I would hire an attorney - more because the amount of time and effort I would need to spend and having no experience at it.

Its like changing the oil on your car - yes you can do it but if you have never done it - is it  worth learning or just having an attorney do it and do it right as if you do it wrong and screw it up (especially in massachusetts) - it can cost you time = money.

Tim Delaney · Answer

Make sure you understand your state laws about eviction. I have done them successfully myself, but then I also found out that in NY it is illegal to do an eviction without an attorney if you own the property as an LLC. It is obviously more costly to use an attorney, but the time savings of not having to start the process over again because of a technicality can save money in the long run.

Should I use an attorney for an eviction or not

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