how to find a lawyer for evicting tenants from your property

Full Answer

Where can I find a lawyer to evict someone from my house?

Depending on the size of the market your rental property is located in, there may also be attorneys who specialize in residential evictions for a flat fee. Your property manager or local real estate investing group are two good sources for finding a real estate attorney. You can also search online using websites such as LawInfo.com and Avvo.

How to evict a tenant successfully?

Evicting a tenant is something that most landlords have to do at one time or another. To successfully evict a tenant, be sure to understand your local laws, and follow the correct eviction process for your jurisdiction.

Can a lawyer defend a renter in an eviction case?

The renter must also be faced with a civil issue. If the eviction is caused by a criminal act, then an attorney will not defend that tenant or they will not give a consultation.

How do I find a lawyer for a landlord-tenant case?

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find an Excellent Lawyer" or go straight to Nolo's Lawyer Directory.

How Does A Landlord Evict A Tenant?

The landlord must provide the tenant with adequate written notice in a specified way and form, which varies by state. If the tenant does not move,...

What Should The Eviction Notice Say?

State laws set out very detailed requirements for landlords who want to end a tenancy. Different types of notices are often required for different...

Can A Landlord Throw The Tenant and His Belongings Out on The Street?

No. The tenant has a few days to move his things and self out of the space. After that, the police can come and forcibly remove the tenant.

What Happens to My Property If The Eviction Occurs When I’M Not Home?

The landlord has a number of options regarding property after the tenant has been evicted. The landlord can retain and store the property for a fee...

What Defenses Does A Tenant Have Against Eviction?

There are a number of defenses a tenant can use to delay or stop an eviction. These include: 1. Warranty of habitability – The landlord has the dut...

Should I Consult A Lawyer About An Eviction?

Landlord-tenant law is very complicated and constantly undergoing changes. An experienced landlord-tenant attorney can help you identify the law th...

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

Why hire a landlord attorney?

Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, ...

Why do you have to evict a tenant?

Eviction can be more difficult than you might assume. There are certain reasons to evict a tenant, which include failure to pay and damage , and you can click that link to learn more about them.

How long does it take to serve an eviction notice?

The offense (the reason the landlord is serving the eviction notice) A time period to remedy the offense (such as ten days from service) The date the notice was served. The signature of the landlord. In some states, the eviction notice alone may be grounds for eviction.

Can you take a tenant to court?

You may have to take your tenant to court even if no remedy is offered and your tenant may in fact get to live in the property until the case is decided. If the tenant’s eviction is upheld, it may be necessary to have he or she removed from the property by law enforcement.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Can you evict a tenant from a rental property?

Still, while the process for eviction varies from state to state, it’s not impossible to evict a tenant from a rental property. An Eviction Notice should be your first step.

How to evict a landlord?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer. These types of "self-help" remedies are illegal. No matter how strong a landlord's case may be for ending a tenancy, a landlord doesn't have the right to take, or even threaten, any self-help actions against you.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What can an attorney do to help a tenant with eviction?

Depending on the law firm in questions, an attorney can help a tenant retrieve their security deposit if it was unjustly held. Another valuable service is mediation.

How do I contact a property owner about eviction?

Any individual who thinks they may be discriminated against by a property owner (whether they can't rent the home or are being evicted) can call 1-800-669-9777 for more information or a free consultation on their housing issue. Eviction and housing lawyers near you can help tenants that live in unsafe or unhealthy homes.

What is the federal government's role in eviction defense?

The federal government also has laws to protect families against discrimination. They have been created by the Department of Housing and Urban Development (HUD), and this government agency can provide eviction defense services to anyone that is being discriminated against.

Can HUD sue a landlord?

The department has a team of staff that can represent the tenant in court. HUD will also, if needed, sue the landlord to ensure that all nation and local anti-discrimination laws are followed.

Can a landlord lock a family out of an apartment?

Landlords need to send a vacate or pay or quit notice so many days before the eviction become finalized. A landlord can't just lock the family out of the rental unit. This is true of both private owners as well as apartment communities. Property owners can't shut off the family's utility service.

Can a landlord discriminate against a tenant based on race?

A landlord can't discriminate against the tenant based on race, immigration status, whether they are black, Asian, or Latino, and other factors.

Can I get free legal aid for eviction?

Eviction cases that qualify for free legal aid or consultations. If the tenant is qualified for free eviction assistance or a consultation from an attorney near them, there are only certain types of cases that will be covered. First and foremost the housing issue needs to be civil.

Why Do Landlords Have to Evict?

No landlord wants to evict a tenant, but sometimes there is no other choice. Landlords who wait too long to evict a tenant can see cash flow quickly decline and potentially thousands of dollars in property damage caused by a bad tenant.

How to Evict a Tenant

While the exact process for evicting a tenant varies by jurisdiction, there are typically eight steps to follow to evict a tenant:

Important: Eviction Laws Vary by State

The exact process for evicting a tenant varies with each state, and often varies across individual cities within the state. There are several ways to learn more about the specific state landlord-tenant laws and your local eviction process.

How to Remove a Tenant Without Evicting

The average cost of a residential eviction can easily run several thousand dollars or more from start to finish, according to research from SmartMove and BiggerPockets.