what kind of lawyer do i need for an eviction

Full Answer

Do I need a lawyer for an eviction?

Alternatively, if you are a landlord commencing the eviction action, then an attorney can make sure that you have followed the proper procedures for eviction in your area and help you defend against an appeal. They also can explain any rights you have as the property owner. Additionally, do not ignore your ability to obtain free local resources.

How can I stop an eviction?

Working with both free resources and hiring an attorney when necessary can help lead you towards a successful outcome or at the very least, a working compromise that may prevent the eviction from happening. Are You a Lawyer? Grow Your Practice How does LegalMatch work? We've helped more than 5 million clients find the right lawyer – for free.

Do courts side with landlords or tenants in eviction cases?

These requirements are governed by specific state laws, so they will vary depending on the jurisdiction or where the eviction takes place. In addition, while the law traditionally supported landlords when it came to evictions, the more modern trend is for courts to side with the tenants.

What do you need to know about an eviction notice?

Basically, an eviction notice or a notice to vacate is a letter stating what the tenant did, whether they can fix it, and how long they have to move out (usually 3 to 30 days depending on the reason and rules of the jurisdiction). Many people will usually try and fix their mistake once they receive a formal eviction letter.

How do you get around an eviction?

Tips for Renting After EvictionUnderstand your situation. ... Talk to your previous landlord. ... Try an apartment locator. ... Find a landlord that doesn't do background checks. ... Get references. ... Seek a co-signer. ... Stay on top of your credit. ... Be honest.

Can my landlord evict me in California?

A landlord can terminate a California tenancy early and evict the tenant for a variety of reasons, including failure to pay rent, violating the lease or rental agreement, or committing an illegal act. Before terminating the tenancy, the landlord must give the tenant written notice.

Can you get evicted in California during Covid?

Your landlord cannot evict you if you've applied and are waiting to find out if you're eligible. Some cities and counties have more eviction protections in place. Learn about eviction protection for unpaid rent during COVID-19.

Can I be evicted right now in California 2021?

Tens of thousands of California renters facing eviction will be able to stay in their homes for at least the next three months. March 31, 2022, at 7:42 p.m.

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...

What to do if tenant is evicted?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.

Why would a landlord want to evict a tenant?

There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.

What happens when you file an eviction notice?

Once the eviction notice is filed with a local court, then the clerk will send a summons to the tenant and also provide the landlord with a court date for a hearing. At this stage, both the landlord and the tenant should be collecting evidence to support their arguments for and against the eviction at the hearing.

What to do if tenant forgot to pay rent?

If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.

What happens if a tenant wins an eviction hearing?

In contrast, if the tenant wins the hearing, then they will continue to enjoy the right to remain on their property. The judge may also order the landlord to pay the tenant’s legal fees and other damages that the tenant may have suffered due to the eviction action.

What happens if a landlord removes a tenant's personal property?

If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.

How long do you have to leave a house if you are not a tenant?

If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.

How to evict a tenant?

Generally, the first step in evicting tenants is to serve the tenants with an appropriate notice letting them know that they are required to surrender possession of the property. If the reason for the eviction is that the tenants have failed to pay rent, the appropriate notice is likely a 3 day notice to pay rent or quit. If the tenant is in violation of the lease, the notice is likely a 3 day notice to perform covenants or quit. If there is no lease in effect and the landlord simply wants their property back without cause, the appropriate notice is likely a 30 or 60 day notice, each of which is dependent on the length of tenancy at the time the notice is served. A 60 day notice, for example, is generally required where the tenancy has existed for more than a year. A proper notice as well as proper service of the notice is critical as the law requires strict compliance with statutes in these regards in order to prevail in an unlawful detainer. An improper notice or improper service of the notice may end in the defendant/tenant prevailing in the lawsuit if challenged and so great care should be taken to make sure that the notice and service are done properly. If there is any doubt an attorney should be consulted to prepare and serve the notice and this part of the process is generally pretty affordable.

What happens after a tenant files a complaint against a landlord?

After the defendants/tenants have been served with the lawsuit, a clock starts ticking allowing them a certain amount of time to respond to the allegations made by the landlord. If the time runs out before a tenant files a response, the plaintiff/landlord is entitled to enter a default judgment in the case. Otherwise, if a response if filed, the landlord must take further action to move the case towards a judgment. Many different responses are available to the defendant including filing a “demurrer," a “motion to quash," or filing an answer. Regardless of what the defendant files the plaintiff/landlord must oppose any arguments made by the defendant/tenant by filing a response and appearing in court to argue against the defendant’s assertions. Eventually, the Plaintiff/landlord if successful will set the case for trial and will obtain a judgment in the case unless some other agreement can be made between the parties. Once a judgment is obtained either by default or otherwise, the judgment if filed with the court and is used to have the court issue Writs of possession.

What happens when a sheriff gets a writ?

Once the sheriff obtains writs, they will post a notice to the tenant informing the tenant that they must vacate by a certain date. The final step of the process is for the owner to meet the sheriff at the property with a Locksmith when instructed by the sheriff to do so.

What happens if a tenant doesn't pay rent?

Many would think that if a tenant is not paying rent or is breaching the terms of the lease that they would have the right to go and physically remove the tenant. This would be a disastrous mistake as there are severe penalties to resorting to this kind of “self help" in taking back possession of one’s property.

Is the unlawful detainer process legal?

A general overview of the Unlawful Detainer/Eviction process: The information contained herein is general information only; is not legal advice; and should not be relied upon. If you have a pending legal matter you are advised to contact an Attorney in your particular jurisdiction for representation.

What can a landlord tenant 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-law yer.

What happens if your landlord wants to evict you?

If your landlord wants to evict you from your house or apartment, he or she must file a complaint against you in court, and prove that you have done something to violate your rental agreement.

Where are evictions filed?

In many states, however, evictions are filed in regular courts, which are governed by various rules and procedures under your state’s tenant laws. If you are appearing in court for eviction or any other lawsuit, you are held to the same standard as a lawyer.

Do you have to be a lawyer to file an eviction?

In many states, however, evictions are filed in regular courts, which are governed by various rules and procedures under your state’s tenant laws. If you are appearing in court for eviction or any other lawsuit, you are held to the same standard as a lawyer. In other words, you are responsible for following all procedures, just as if you were a lawyer.

Can you be evicted if you are not an attorney?

Even in states where evictions occur in small claims courts that are designed for non-lawyers, there are still rules to follow that you might not be aware of if you are not an attorney.

Can a landlord evict you if you don't serve the eviction notice?

Landlords are required to follow certain rules for evicting tenants. For instance, if your landlord doesn’ t properly serve you the eviction notice, the court shouldn’t evict you. If you’re not a lawyer, you’re likely not aware of these rules, and your landlord may get away with wrongfully evicting you. A judge also can’t give you legal advice about how to handle an eviction, so you’re totally on your own if you don’t know what to do in 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. 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.

When To Get A Lawyer

There are many reasons why you may need a lawyer during your eviction process. The most common and obvious would be if your landlord wants to evict you without proper cause or formal warning.

Eviction Process

To clearly understand your rights as a tenant you should know how the eviction process works. It’s important to remember that not all evictions are legal or justified, and for this reason, it can be easy to defend yourself.

The Role Of A Lawyer In An Eviction Case

After reviewing all the information, you might be tempted to think that only “guilty” tenants need a lawyer. However, it’s important to know that even if you are innocent having an expert on your side will benefit you in multiple ways.

What Are The Common Reasons For Eviction?

While every situation is different and will vary depending on where you live, there are a few common reasons people get eviction notices. They include:

What Are The Consequences Of An Unjustified Eviction?

After the judge has ruled whether or not you are being evicted justly, they will notify both parties of their decision. If you are being legally evicted then the court cannot do anything to change this outcome, but if it’s ruled that you are being wrongfully evicted then the ruling will benefit you.

How Long Does An Eviction Process Take?

It’s difficult to estimate how long an eviction will take since every state’s laws are different. Some states allow landlords to evict tenants without a court order, while some require a judge’s approval.

Summary

Now that we have covered the basics of an eviction notice, it’s important to know that there are often legal implications if you receive one. If you are being wrongfully evicted it’s important to be aware of your rights and consult with a lawyer before anything else.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What happens if you can't afford a criminal lawyer?

It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them. It is also important to keep in mind that if an individual is sentenced to jail time, they will not be able to earn an income and may lose a job.

Who is Jennifer from LegalMatch?

Jennifer joined LegalMatch in 2020 as a Legal Writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. She is a certified mediator and guardian ad litem. She holds a B.A. in Criminology and Criminal Justice and a B.A. in Spanish, both from Auburn University. Jennifer’s favorite part of legal work is research and writing. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her ...

Can a lawyer work in a law firm?

Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

Why do you need an eviction lawyer?

Hiring an eviction lawyer saves you the trouble of wading through the legal jargon and complexity of landlord/tenant law.

Why do you need a lawyer for your apartment?

Lawyers are also responsible for keeping track of court dates and required documents.

Why do landlords evict tenants?

Landlords can evict tenants for a variety of reasons. Most evictions occur because tenants get behind on rent and can’t catch up. Did you know when you fail to pay rent on time, you’re breaking the terms of your lease agreement? Other reasons for eviction include the following: Violations of the Pet Policy.

What is it called when a tenant won't move out after the lease expires?

Sometimes a landlord might start the eviction process if a tenant won’t move out after the expiration of their lease. It’s called a holdover. By the way, if you’re in this situation, an attorney is your best weapon. Holdovers present several challenges to landlords and tenants.

What are the reasons for eviction?

Other reasons for eviction include the following: 1 Violations of the Pet Policy 2 Subletting to Tenants Not on the Lease 3 Property Damage 4 Disrupting Other Tenants 5 Using the Property for Illegal Purposes

How long do you have to move if you win an eviction?

Even if they win in court, you will usually have at least a few days to move. Even the savviest tenants don’t know the ins and outs of the eviction process. Sometimes landlords don’t serve eviction notices according to law. They may also use incorrect forms.

What to do if landlord discriminates against you?

Also, if the landlord retaliates against you when you’ve exercised your legal right as a tenant, you should pursue legal protection. Hiring a lawyer gives you a better chance of winning your eviction case.

What happens at an eviction hearing?

At the eviction hearing, whether it’s the first hearing, the second hearing, or a jury trial, one of two things can happen: 1 The court rules in favor of the tenant 2 The court rules in favor of the landlord

What are self help evictions?

Almost every state has banned “self-help” evictions, where the landlord does any of the following without having a court order: Changes the locks without alerting the tenant. Dumps a tenant’s belongings outside the rental unit. Shuts off a tenant’s utilities.

How long does a tenant have to move out of a rental?

The amount of time the notice gives tenants to correct an issue or move out varies from state to state and can depend on the reason for eviction and/or how long a tenant has lived in the rental unit.

Why are retaliatory evictions called retaliatory evictions?

These are called retaliatory evictions because it can appear that the landlord is trying to “get back” at the tenant for exercising their rights.

What is the first step in evicting a tenant?

Step 1: Lease Expires or Is Violated. Landlords can evict tenants for a variety of different reasons depending on the state. Typically, landlords must have a valid reason to evict a tenant unless the lease/rental agreement has expired, such as nonpayment of rent, illegal activity, and lease violations.

What happens if a tenant fails to move out of a rental?

If the tenant fails to move out within their state’s deadline, then in nearly every state, law enforcement officials will return to the rental unit and forcibly remove (or evict) the tenant from the rental unit. See the chart below for the amount of time given to tenants to move out prior to being forcibly removed.

How long does a tenant have to give notice of eviction?

The notice period is typically tied to the type of tenancy, with week-to-week tenants usually receiving 7 days’ written notice and month-to-month tenants typically receiving 30 days’ written notice. NOTES.

What are the two types of evictions?

There are two kinds of eviction proceedings: non-payment, which is self-explanatory, and hold over, which is for persons who are tenants without an active written lease agreement for a term that has not expired, or persons who are not tenants, e.g., licensees, squatters, etc.

Why do hold over evictions take longer than non-payment?

Hold-over evictions traditionally take a little longer than non-payment evictions because of the requirements of the 30-day written notice.

How long do you have to give notice of eviction in Suffolk County?

If this is your situation, and your eviction is to be based on non-payment of rent, you still need to send a notice to the tenant letting him know that you have not received the rent within 5 days of its due date; and arrange to have a fourteen-day notice to pay or quit served on the tenant.

What happens if you don't pay rent?

If the tenant pays all of the rental arrears and becomes current in the rent on or before the court date, the case will generally be dismissed and the tenant will remain in possession of the property. If you are willing to accept the potential for this outcome, then a non-payment proceeding may be right for you.

How long does a judgment stay on a tenant's credit report?

Chances are good that you may not be repaid, i.e., that you may not recover the amount of your judgment, but a judgment will remain on the tenant’s credit report for up to 7 years and can be enforced for up to 20 years.

Do you need a copy of a lease agreement before you can start legal action?

Before your eviction lawyer can start proceedings against a tenant, he or she will need a copy of your written lease agreement, if there is one. Many lease agreements contain predicate notice requirements that must be met before you can start legal action. An experienced eviction lawyer will read the lease to ensure that you have met all such notice requirements.

Do you need an eviction lawyer in New York?

There are many aspects of landlord-tenant law in New York, and the courts recommend that you retain an eviction lawyer to remove a tenant. Understanding the law, your rights and responsibilities, as well as the tenant’s rights and responsibilities, is the key to an expedient and effective eviction.