Eviction Attorney Recommendations

13 Replies

I am looking for recommendations for an attorney to assist with my 1st eviction in the Lynn, MA area.  Thanks.

With a little bit of work and attention to detail you may not need one.

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On this subject I would love to find out what is common time frame for evicting a tenant where PM is involved and takes 5 months and still going, really?

@Andrea Gayle-Bennett , we recommend Inessa Shur at Shur Law Group, tell her I sent you.  (You can google her)

And I'm sure @Robert Callaway is right about evictions in Georgia, but in MA, I suggest in the strongest possible terms that you not do that in MA.  If you make a minor mistake, and I mean minor, the courts will throw out your case and force you to start over.  And possibly charging triple damages (3 times the monthly rent).  MA is very very tenant friendly.  It's a shame you just missed our Black Diamond presentation on exactly that topic.

@Angela Przulj , there is no answer to your question without knowing what state the property is in.  If it's MA, then 5 months is not at all unusual.  Tenants can stretch it out for years, especially if the landlord misses one tiny rule.  

Have you considered cash for keys? Sometimes offering a few hundred dollars is enough to entice them to get out and usually leave the unit in one piece. Much cheaper and less time consuming than the eviction process. 

Thank you @Ann Bellamy for your advise and recommendation.  I will definitely let them know you referred me.  I am aware that MA is very tenant friendly.

@Joe Ferguson Thanks for your suggestion.  I didn't consider it, but that is a good thought.  Any tips on the best way to present that option?

A few hundred dollars is Never Enough in Massachusetts  the tenants are very aware  of what cash for keys is costing landlords here. this is not Florida .  In fact there are legal steps you have to take before you can even present a cash for keys offer according to my eviction attorney.

Hello Andrea,

I own property in Lynn, too. You may not like what I'm going to suggest, but I'm sure that the right attorneys will tell you as well. 

If you collected a deposit from them and you recently saw that there is no damage to your unit, consider giving them back their deposit. Have them sign for it and see if they'll leave peacefully.

If they don't, now that you gave them their deposit, have the constable serve them their notice to quit which ends their tenancy with you and will include the amount of rent they owe you and begin the eviction process. 

@Andrea Gayle-Bennett

If the rental unit I personally owned, you can attempt to do the eviction yourself.
If the rental is under a business entity, you must hire a lawyer.

Assuming this is for non-payment of rent, have you at least served them the 14 day notice to quit ?

Did you accept a security deposit, did you follow all the law requirments?

@Rich N. Yes I did serve then the 14 day notice to quit.  Yes, I did accept a security deposit.  I believe I did follow all the law requirements (separate escrow interest bearing account, etc).

Thanks @Frank Herrera .

Do you own the property under your name or a business entity ?

If its under your name, you can try going for housing court yourself or hire a lawyer.

If its under a business entity name, then you need to hire a lawyer.

Have you ever done an eviction ?

Do you know which housing court is for Lynn?

Have you looked into hiring a constable. If you look for one, make sure they are able to serve the 14 day notice, the summary process, and the execution for your area. Also that their office can file the summary process for you.

@Rich N. It is owned under a business entity.  I have contacted an attorney.  Waiting to hear back. 1st eviction.  I have been to the housing court in Lynn.  I have not looked into hiring the constable yet.  I thought I would do that after I spoke with the attorney.

yes, with it being setup that way. wait for the attorney.  the attorney should have a constable. If they do not, try to get a constable local to your area and court because the courts will know them.

I checked an your housing court appears to be the northeast housing court in Lawrence.   I know dictrict courts can handle housing cases too. 

One major thing is that filing cost for evictions cost $165 at housing court and $195 at district courts and if the tenant is smart enough, they can actual show up at the district court and request that the case be transferred to the housing court (no refund to you of the $30).  The gotcha is it could be another week or two before your hearing.

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