what kind of lawyer deals with evictions

by Rigoberto Johns 4 min read

What type of attorney handles evictions? Real estate attorneys are sometimes called landlord–tenant or rental attorneys. The exact type of law that an attorney specializes in will determine whether or not they can help you with the issues that you are having.Jul 6, 2021

Do I need a lawyer for an eviction case?

Evictions are one of the only areas of law where it is rare to find an attorney who will take on an eviction case for free. There are many moving parts involved in the eviction process and even more complex laws and research that the attorney will have to focus on, meaning it can take up a lot of their time and costs to complete one eviction case.

What court handles eviction?

Nov 21, 2016 · You should speak with an attorney who is licensed in Rhode Island and is familiar with Landlord-Tenant Law (Evictions) in RI. Such an attorney will (or should) go through all of your facts and thoroughly discuss any possible defenses that your Tenant may have. As much as the Tenant may not be in compliance with the agreement; you want to make sure that you have …

What does an eviction lawyer do?

What a Landlord & Tenant lawyer can do for you. 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, …

How can an eviction attorney help?

Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions. Such a lawyer can come up with effective strategies or creative solutions that you might not be aware of—for example, the lawyer could argue that your landlord's eviction was retaliatory (and therefore an illegal eviction ) if the circumstances support such a …

What does an eviction lawyer do?

A landlord-tenant lawyer can help you prepare your case to avoid being wrongfully evicted, by using procedures and laws that might be unfamiliar to a non-lawyer.Nov 15, 2020

Can you sue a landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.Jul 1, 2021

What are my rights as a tenant?

let the landlord know about any damage or repairs straight away. pay for their own outgoings eg, electricity, gas and internet. use the property mainly for residential purposes rather than business activities. leave the property clean, tidy, and clear of rubbish and possessions.

Can a landlord evict you without a court order?

To evict the tenant without going to court, you must give 'reasonable notice', either verbally or in writing. This is usually the regular period of rent payments; for example, if they pay rent monthly, the notice can be a month.Sep 27, 2021

What your landlord Cannot do?

Landlords Must Not Just Let Themselves Into The Property You might own the land, but you cannot walk into a filled property whenever you like. If the tenants aren't at home, a landlord must agree a time they can enter the property with the incumbent person. Likewise, you cannot demand entry at any point.Aug 23, 2018

What is extreme emotional distress?

Emotional distress is a state of mental anguish that can take a wide variety of forms. It may result from a mental health issue or particular circumstances, such as relationship difficulties or financial strain.

Can you refuse access to your landlord?

Can a tenant refuse entry to a landlord or letting agent? Yes, they can. In 99% of cases a tenant refusing entry to a landlord will usually boil down to convenience, or lack thereof. Simply adjusting the time and date will be enough to gain access to the property.

Can my landlord evict me?

You may need to engage your landlord if the notice to vacate is lawful. The landlord cannot evict you for no reason - merely because they want you out. There are legal regulations guiding the termination of a lease agreement.Oct 2, 2020

Can a landlord kick you out?

No, a landlord cannot just kick you out. They need to follow the formal eviction process provided in your state. If a landlord uses illegal self-help measures, such as changing the locks or throwing out your belongings, you should be able to hold the landlord accountable and remain on the property.Oct 18, 2021

What is Section 21 Housing Act?

A 'Section 21 Notice to Quit', so called because it operates under section 21 of the Housing Act 1988, is the notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST).

What is the penalty for illegal eviction?

Anyone convicted of harassment or illegal eviction could face a prison sentence of up to two years and/or an unlimited fine.

Can I evict my tenant for not paying rent?

By failing to pay their rent, your tenant has broken the terms of their tenancy agreement, meaning you can serve them a Section 8 notice at any point in the tenancy. Your tenant may dispute the eviction, so you need to be ready with evidence of unpaid rent and your efforts to resolve the issue.

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...

Which type of lawyer will you need for eviction cases?

If you are a landlord or a tenant, then you will need to work with only those lawyers that have specialization in eviction cases. The attorney that you hire for dealing with the eviction process will provide the highest caliber legal representation in each and every type of case related to tenants and landowners.

For tenants

If you are a tenant and if your landlord has served you with a notice of termination then you have the right to fight for it. If you work with a lawyer, your chances of winning will increase by many folds.

For landlords

In most states, an eviction lawsuit for a lawyer will always take less time in comparison to any other type of regular civil case. But you should know that for expedited treatment, a landlord will need to follow detailed rules like notifying the tenant of the lawsuit and filing accurate papers in the court.

Paul David Lambert

Landlord-Tenant law is very procedural. The facts and circumstances of EVERY case differ and your rights and responsibilities as a Landlord differ according to your Rental Agreement.#N#You should speak with an attorney who is licensed in Rhode Island and is familiar...

Neville Joseph Bedford

One that you meet with and retain to assist you. There are many to choose from. Sorry you are having difficulties with your tenant.

Nelson F. Brinckerhoff

Any lawyer on AVVO that handles eviction who has a good deal of experience can you. Call an AVVO lawyer to set up an appointment to discuss the relevant facts and strategy.

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, ...

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 to do if landlord evicts you?

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.

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 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 you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

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 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 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 Is the Cause For Commercial Eviction?

Uniform Residential Landlord and Tenant Act (URLTA) is a federal code that regulates protections for residential tenants. However, many of these protections are not available to commercial renters.

What Is the Process for Commercial Eviction?

While procedures for evicting commercial tenants vary from state to state, many states adhere to similar guidelines for eviction procedures.

Potential Defenses against Commercial Eviction

Defenses for evictions of commercial tenants vary state to state as well. It is best to consult a lawyer who is familiar with landlord tenant law and who is experienced with mounting successful eviction defenses in order to devise the best defense for a particular circumstance. These defenses include:

Do I Need a Lawyer?

Because commercial evictions can happen very quickly, and because commercial tenants have fewer protections afforded to them than residential tenants do, it is important to consult a real estate lawyer if you think you might be at risk for a commercial eviction.

How do you find a good real estate lawyer?

If buying or selling property feels overwhelming and the thought of finding a good real estate lawyer seems daunting, you’re in luck. There are some simple steps to follow for finding a trustworthy, affordable real estate lawyer to help with your property and legal needs.

What does a real estate lawyer do?

A real estate lawyer represents their client’s best interest in all matters related to the sale, purchase and ownership of real estate. They are experts in real estate law. In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed.

Do I need a real estate lawyer?

Whether you need a real estate lawyer depends on what kind of legal assistance you need. In many states (such as Vermont and Maine), you are required to hire a real estate lawyer to handle the closing documents of a home sale.

How much do real estate lawyers cost?

The cost to hire a real estate lawyer depends on your needs. The national average cost for real estate lawyers ranges between $350 and $550, although prices can vary greatly based on the individual case. Many states, such as New York and Georgia, require that a real estate lawyer handle the closing documents when buying or selling a house.

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What can an estate attorney do?

An estate attorney may also help clients build a trust fund, especially for minor beneficiaries. They may also prepare the documents that will enumerate and outline their client’s final wishes, including medical and burial arrangements. 4. Personal Injury Lawyers.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a landlord tenant attorney?

A landlord tenant attorney is one who specializes in the legal issues surrounding landlord and tenant rights and is a valuable resource for you when you need it most. Legal expertise can guide even the most prepared landlord through the challenges of managing your rental property.

What to do if landlord tenant attorney is not doing the job you expect?

If your landlord tenant attorney is not doing the kind of job you expect, don’t hesitate to seek out another one that may be a better fit. Whether the attorney is too hard to get ahold of or your personalities just don’t mesh, don’t get stuck with someone who is not meeting your needs one way or another.

Should I use an attorney to write a lease agreement?

It’s a wise idea to use an attorney to write your lease agreement so that it covers all your rights and stays compliant with local, state and federal law. Rather than download a generic lease agreement from the internet, work with the attorney to draft an agreement that specifically reflects your property and your expectations from a tenant.