what kind of lawyer do i need to evict someone

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 real estate lawyers that have specialization in eviction cases.

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.

What do you need to know about evictions?

Evictions are heavily regulated by state and local law, and a local attorney will know state-specific information and step-by-step processes, including landlord-tenant laws, what type of eviction notice landlords are required to give, documents landlords must file, and checks they shouldn’t cash.

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.

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 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.

When should landlord and tenant come to their own agreement?

This should happen either before the landlord sends a formal eviction notice or the tenant should reach out to the landlord immediately after they receive it. This is especially true if the reason for the eviction is based on missing rent payments.

Why do you need a lawyer for your apartment?

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

What happens if you are evicted?

Evictions usually create a negative impact on your quality of life and your financial stability. Without a lawyer who understands the nuances of landlord/tenant law, you likely won’t make the most persuasive case.

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.