Legal Question in Real Estate Law in Massachusetts

Re: MGL chap 221 section 46

I'm just curious. Does the Real Estate LLC own the property, or does the Real Estate LLC simply manage the property? In other words, only the landlord may represent him/herself in an action to evict the tenant.

If someone other than the Real Estate LLC owns the property, then the LLC is attempting to act as an attorney for the landlord in violation of the law you cited. I'm just thinking out loud here, and without more facts it is impossible to provide any real guidance.

In any event, you should see an attorney to handle your eviction immediately. You wouldn't do your own dental surgery, why try to bring what could potentially be a complicated law suit?

Re: MGL chap 221 section 46

In general, when you accept the limited liability that comes with incorporating, you accept the requirements of the court that you not act in a personal capacity; that is, the corporation is a separate and distinct legal entity from YOU, and simply being the owner of the shares of the corporation does not make you one and the same. If the two are intermingled, then the limitations on liability are forefeit and your personal assets are placed at risk (this is called piercing the corporate veil).

In any event, the court has already ruled that you cannot represent the Corporation, so you can either appeal the court's decision (at the expense of dollars and time) or retain counsel to represent the corporation.