what lawyer handles getting someone evicted from your home 2 41

You should hire a local landlord/tenant attorney. You would be evicting your son via RPAPL 713 (7) most likely. This provision is not very well known by attorneys who do not generally practice L&T law, so make sure you bring it up in any consultation.

Full Answer

Do I need a lawyer to evict someone?

The term “ eviction ” refers to the legal process in which a court can order the removal of a tenant from a rented apartment or home based on a request from their landlord. The landlord must have a justified and specific reason as to why the tenant needs to be evicted. There are many different reasons for why the landlord may want to evict ...

How do I evict someone from my house?

May 18, 2020 · 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. Hiring an Attorney for an Eviction Perhaps most importantly, if you are being evicted, you and your family members are at risk of losing your home and having an eviction on your record which can affect future …

Do you have to evict a lodger?

Feb 12, 2018 · 3 attorney answers. Posted on Feb 12, 2018. Selected as best answer. You should hire a local landlord/tenant attorney. You would be evicting your son via RPAPL 713 (7) most likely. This provision is not very well known by attorneys who do not generally practice L&T law, so make sure you bring it up in any consultation.

How can a tenant defend against an eviction notice?

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. The lawyer may prepare the deed, examine the title, review purchase and sale paperwork, work directly with the lender, and more. In title states such as …

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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...

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 som...

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 ex...

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 , alth...

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 requir...

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.

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.

What to do if 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. Rules and procedures that landlords must follow to pursue an eviction against you vary from state to state. In some states, landlords file evictions in small ...

Where do landlords file evictions?

In some states, landlords file evictions in small claims court , which is a very user-friendly court not only for lawyers but also for non-lawyer landlords and tenants.

What happens if you are evicted?

Perhaps most importantly, if you are being evicted, you and your family members are at risk of losing your home and having an eviction on your record which can affect future housing options .

Can a landlord file an eviction against you?

Rules and procedures that landlords must follow to pursue an eviction against you vary from state to state. In some states, landlords file evictions in small claims court, which is a very user-friendly court not only for lawyers but also for non-lawyer landlords and tenants. For this reason, it’s common for both landlords ...

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.

Peter McGrath

You should hire a local landlord/tenant attorney. You would be evicting your son via RPAPL 713 (7) most likely. This provision is not very well known by attorneys who do not generally practice L&T law, so make sure you bring it up in any consultation.

Peter J Weinman

Evicting a family member is never fun, sorry to hear you need to do this. Any Landlord/Tenant (L&T) attorney should be able to assist. Click the "find a lawyer" link on top of this page and search for one in your county. Good luck.

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 does an attorney do for eviction?

Since evictions are regulated by state and local law, an attorney will help you with the type of notification you must give, documents you must file, checks you shouldn’t give out. Hiring a professional attorney will also make things easier from a financial perspective.

How to prepare for eviction?

How do you prepare for eviction? If your state’s laws classify the family member as a tenant or licensee, your next step is to prepare for eviction or unlawful detainer action. Before you can file suit, you must first serve your family member or friend with a proper notice to vacate (or notice to quit) the premises.

Is a family member considered a tenant?

A family member or friend occupying your home may be considered a tenant regardless of whether a lease agreement was signed or there was a payment of rent. If the family member paid for things like utilities or food, the payments of these expenses can be considered rent money. Accordingly, some state laws will treat them as a tenant.

How long do you have to give notice of eviction?

This type of notice is a more formal way of asking the person to leave your home. The notice must be given before the suit is filed. In some states, a 30-day notice is required, however, some only require as little as a 3-day notice. Each state has its own rules regarding how and when to serve the eviction notice.

What to do if a detainer refuses to leave?

If they still refuse to leave in violation of the order, you can then call law enforcement and have them removed, using physical force if necessary. Eviction or unlawful detainer actions are not generally complicated lawsuits. However, the rules of tenancy and procedure vary by state.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

How long do you have to give notice to a tenant to vacate?

Serve your tenant with a notice to vacate that states when and why he must vacate; most places require filing a three- to 30-day notice that the tenancy has ended. Be specific, and state what he must do to reinstate his lease (if anything), and by what deadline.

Who is Lisa Kaplan Gordon?

Evicting a tenant eviction landlord renting. Lisa Kaplan Gordon is an award-winning writer who's covered real estate and home improvement for realtor.com, Yahoo, AOL, and many others. Follow @kaplan_lisa.

Can a lodger be evicted?

If they have a separate entrance that is not in common use they may be considered a tenant. Removing a lodger does not require an eviction unless the lodger has a lease or you rent multiple rooms to lodgers.

Can you evict a tenant?

If you have a lease or sublease agreement with your tenant, you may not be able to evict them unless they have broken some aspect of your lease or state's laws regarding tenants.

What is a lodger in a home?

A lodger or boarder rents a room in your home without a lease, and typically does not have private access to their quarters. If they have a separate entrance that is not in common use they may be considered a tenant. Removing a lodger does not require an eviction unless the lodger has a lease or you rent multiple rooms to lodgers. Removing a lodger requires serving written notice that they must move out. Generally, you must give the lodger notice equal to the length between rent payments.

What is a guest in a home?

A guest is a short-term visitor, has the least right to reside in your home and is the easiest to remove. However, because the law recognizes verbal agreements made between a homeowner and a guest, an implied agreement about staying in your home can make your guest a tenant in the eyes of the law. A boarder or lodger rents a room in your home.

What is the reason for eviction?

Valid reasons include failure to pay rent, failure to vacate at the end of a lease, damage to the property, violation of lease terms or illicit activity conducted on the property. Notice to vacate.

How to file a detainer complaint?

Court filing. If the notice to vacate expires with no resolution, you file an unlawful detainer at the Superior Court in the same county where the property is located. Filing requires specific paperwork: 1 Unlawful detainer complaint 2 Cover sheet 3 Summons along with a prejudgment right of possession

What happens if you rent out a property you don't live in?

When you rent out a property that you own but don't live in, you are a landlord and the renter is your tenant. Following state protocol means there is legal basis, meaning reasons, for the eviction. Written notice to the tenant to vacate is required. The notice states your reasons for the eviction. Valid reasons include failure to pay rent, failure to vacate at the end of a lease, damage to the property, violation of lease terms or illicit activity conducted on the property.

What is the notice to vacate in California?

The notice to vacate must state landlord and tenant names, the address and the reason for eviction. The move-out deadline must be stated clearly.

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

The move-out deadline must be stated clearly. For rent or lease violations (e.g., having a prohibited pet), the tenant has three days to reconcile the issue to prevent eviction.

What is a lodger in a home?

Someone living in your home is legally referred to as a lodger. Lodgers have rights similar to any other tenant. However, in most states, lodgers generally don't have the same privacy rights as a tenant renting a non-owner-occupied property. Owner-occupied situations allow the owner access to all parts of the property, ...

Is a lodger a tenant?

Someone living in your home is legally referred to as a lodger. Lodgers have rights similar to any other tenant. However, in most states, lodgers generally don't have the same privacy rights as a tenant renting a non-owner-occupied property.