what kind of lawyer should i get if i am getting evicted

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 defense.

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 get help if I am being evicted?

Find your local rental assistance program. Ask the judge or the court clerk if the eviction order can be placed on hold while your application for emergency rental assistance is being processed. Some state and local areas have rules that could delay your eviction while you get help. See temporary state protections from eviction below.

What are my rights if I am evicted from my apartment?

If the eviction has to do with non-payment of rent, the notice must include a valid address where rent may be sent. Process.  Under the U.S. Constitution, you’re entitled to due process of the law if you lose a fundamental right, including public or private housing.

How can a tenant defend against an eviction notice?

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.

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...

Step 1: First Notice

If your landlord tries to force you out by changing the locks or shutting off your utilities, stand your ground.“There has to be notice given,” say...

Step 2: Summons

If you don’t follow the terms of the notice, things get murkier. Generally, a landlord will serve you with an official summons to bring you to evic...

Step 3: Court

Outside help is your best chance of fighting the eviction, but if that’s truly a luxury you cannot afford—and, if you’re behind on rent, it very we...

Step 4: The Judge's Decision

“The judge listens to both sides,” LeVan says. “Sometimes, courts will work out payment plans and hold off evictions as long as payments are made....

Step 5: The Eviction

Your landlord can’t evict you himself: Your local sheriff or marshal will come by to escort you from the property. “It’s not a comfortable thing,”...

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.

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. 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.

What to do if landlord forces you out?

If your landlord tries to force you out by changing the locks or shutting off your utilities, stand your ground. “There has to be notice given,” says Sandy LeVan, a housing counselor for the United Tenants of Albany, who acts as a mediator in court. “The landlord can never take matters into their own hands.”.

How many tenants were evicted in 2014?

You’re not alone—it happened to 3.4 million tenants in 2014. Whatever the reason, your landlord can’t just show up one day and dump your things in the street—there’s a legally determined process for evicting a tenant. First of all, be sure that your landlord’s gripe legally qualifies as grounds for eviction.

What happens if you withhold rent?

Even if it’s just life that’s keeping you from paying rent—you lost your job and unemployment is taking a while to come in—tell your story to the court.

What to do if you get first served notice?

When you’re first served notice, comply immediately. If possible, pay back rent (with the help of legal aid, if necessary); stop violating the lease; and, if a 30-day notice is served, use that time to arrange housing so you won’t overstay your lease.

What to do if your credit is dinged?

You may have to pay higher security deposits or more in rent, or work with a rental brokerage service. But even in the worst circumstances, an eviction isn’t life or death—you can get through it with your dignity intact.

Can a landlord evict you?

Your landlord can’t evict you himself: Your local sheriff or marshal will come by to escort you from the property. “It’s not a comfortable thing,” LeVan says. “The sheriffs change the locks, the kids are crying, and it’s always very stressful.”.

Does the judge listen to both sides?

“The judge listens to both sides,” LeVan says. “Sometimes, courts will work out payment plans and hold off evictions as long as payments are made. No one is trying to make anyone homeless.”

How long does it take to get an eviction notice?

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.

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.

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.

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.

Select your situation to see what you can do

If you want to stay in your home, make a plan to catch up on your rent.

Legal help

If your landlord is threatening to evict you, or you need help understanding your rights, talk to a lawyer. You may qualify for free legal aid, based on your income.

States providing temporary eviction protections

The list below shows states with eviction protections in place, and the date the protections are scheduled to end. In some states, you may be protected from eviction while your application for federal emergency rental assistance is being processed.

How to keep your home after an eviction?

How to keep your home. It’s not impossible to remedy the problem or appeal an illegal eviction. In most cases, there is a way to fix the issue and avoid losing your housing. Pay your rent. If the eviction is based on unpaid rent, the landlord must give you an opportunity to pay the entire outstanding balance on or before the final eviction date, ...

What is the lawful reason for eviction?

Lawful reasons for eviction. When you first moved in, you (hopefully) signed a lease agreement with the landlord. At a minimum, the lease should contain the payment terms and effective lease dates. Most likely, it also contains a broad list of prohibited acts that could lead to an eviction, such as:

What is the eviction notice?

The eviction notice must properly identify the tenant, the unit in question, the contact person responsible for the unit — usually the landlord — and that person’s address. If the eviction has to do with non-payment of rent, the notice must include a valid address where rent may be sent. Process.

How long does it take to get an eviction notice?

Sticking a note on your door saying “Get Out” does not count as legal eviction protocol. Proper notice must be given, usually 30 or 60 days before the eviction date. In some states, a three-day eviction notice may be allowed if the tenant has committed an egregious act, such as assault or domestic violence, ...

Can a landlord evict you for breaking the lease?

Unlawful reasons for eviction. Your landlord cannot evict you just because he “feels like it.”. Your lease is a binding legal document, and it’s only legal to evict you if you have broken the terms of the agreement. Discrimination is forbidden in the housing industry, and the Fair Housing Act strictly forbids any housing decision based on race, ...

Can a landlord evict a tenant?

A landlord also cannot evict a tenant, or refuse to rent to them in the first place, based on a tenant’s disability or reliance upon a service animal — even if the property has a no-pets policy.

Is discrimination against housing?

Discrimination is forbidden in the housing industry, and the Fair Housing Act strictly forbids any housing decision based on race, color, national origin, religion, sex, disability or the presence of children.