Why LLC Landlords Need an Attorney in Massachusetts Housing Court

Short answer: Because an LLC is a separate legal person, and when a non-lawyer tries to speak for that LLC in court, the court treats it as unauthorized practice of law. Housing Court will not allow that, so they require the LLC to appear through an attorney.

If you own rental property in an LLC and file a summary process case in Housing Court, you will almost always be told that the LLC must have an attorney. Many landlords find this frustrating, especially if they are the sole member of the LLC and feel like they are just speaking for themselves.

This page explains in plain language why the court does this and what it means for your eviction case.

1. An LLC is not you

Once you put the property into an LLC, the law treats that LLC as its own legal person. The LLC can:

Own the building and sign leases
Enter contracts and take on debt
Sue and be sued in its own name

So if the plaintiff on the summary process complaint is 123 Main Street LLC, the party to the case is the LLC, not you personally, even if you are the only member or manager.

When you stand up in Housing Court and argue the case, you are not just speaking for yourself. You are representing another legal person, the LLC.

2. Representing someone else in court is practicing law

Courts and bar regulators view these activities as practicing law:

Drafting pleadings, motions, and agreements for someone else
Appearing in court and arguing on someone else's behalf
Negotiating or settling a case for someone else

When the “someone else” is your LLC, and you are not a licensed attorney, the court sees that as unauthorized practice of law.

For that reason, Housing Court follows a simple rule:

Individual (natural person) landlord: may appear pro se and speak for themselves.
Entity landlord (LLC, corporation, trust, etc.): must appear through a licensed attorney, except for very narrow procedural situations.

3. Practical reasons the court insists on attorneys for LLCs

Clean records and procedures

The court wants pleadings, agreements, and judgments that will hold up on appeal and will not be undone later because someone who was not trained in law made a serious error. Evictions involve jurisdiction, service of process, and statutory timelines. If those are mishandled, the whole case can collapse.

Ethical and professional standards

Attorneys are:

Licensed and regulated
Subject to discipline if they mislead the court
Bound by ethical duties to both their client and the court

The court has far more leverage over attorneys than it does over an LLC manager with no law license.

Protecting tenants and the process

Evictions affect housing, homelessness risk, subsidies, and often families with children. Courts do not want poorly drafted agreements or orders that waive important rights or create confusion later. Requiring an attorney for LLCs is one way they try to keep the process predictable and legally sound.

Consistency with unauthorized practice rules

Massachusetts, like most states, generally does not allow non-lawyers to represent corporations or LLCs in court. Housing Court is simply applying that same concept to summary process cases.

4. “But it is my LLC. Why can't I speak for it?”

This is the most common objection. From the court's perspective:

You always have the right to represent yourself as an individual.
When you chose to put the property into an LLC, you accepted that the LLC is a separate legal person.
That choice usually brings benefits such as liability protection or tax advantages.
The trade off is that the entity must follow entity rules, including using an attorney in real court proceedings.

The judge does not look at whether you are the sole member. Legally, you and the LLC are not the same party.

5. How this usually plays out in Housing Court

In practice, you will often see the following:

If the property is in your own name, you can appear pro se and handle your own summary process case.
If the plaintiff is “XYZ Realty LLC” or similar, the judge may ask whether the person speaking is an attorney.
If the answer is no, the case may be continued or stayed with instructions to obtain counsel for the LLC.

The court is not doing this to make life difficult or to generate business for lawyers. They are enforcing the rule that one person cannot practice law for another person or entity without a license.

Need help with service of process in your eviction case?

Even when you are working with an attorney for your LLC, you still need proper and timely service of all required notices and court papers.

South County Constable Office can handle:

Service of Notices to Quit
Service of Summary Process paperwork
Service of First Tier Court Event notices
Service of Executions for Possession and coordination of move outs

To schedule service or ask questions about how service fits into your eviction timeline, contact:

South County Constable Office
Chief Constable Alan R. Jeskey
Phone: 774-230-0623
Email: office@maconstable.com

Disclaimer: This page is for general informational purposes only and is not legal advice. Court practices and requirements can change, and your situation may involve additional rules or exceptions. Landlords, especially LLCs and other entities, should consult with a licensed Massachusetts attorney about specific cases.