what type of lawyer do i need for illegal 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.

What to do if your landlord is illegally evicting you?

Usually, your landlord will have to give you a certain amount of notice and provide a valid reason. Keep any evidence of their illegal actions, like your eviction notice, any communications between you, or a police report if they physically removed you or your belongings from the property.

How to find a lawyer for illegal eviction in South Carolina?

To locate an office, visit the Legal Services Corporation’s website at www.lsc.gov. You may also be entitled to attorneys’ fees if you win your illegal eviction lawsuit. In this situation, a lawyer may be more willing to represent you, especially if you have a strong case.

Is it legal to fight an eviction in the US?

However, not all evictions are legal. Your landlord must follow your state’s eviction process—which typically involves filing documents with the court, meeting notice requirements, and attending a series of hearings. If your landlord does not follow the correct procedures, you can fight the eviction.

What is an illegal eviction in Texas?

There are circumstances where an eviction is simply illegal as a matter of law in Texas. A landlord cannot evict a tenant based on race, sex, national origin, disability or family status or to retaliate against a tenant who files maintenance requests or complaints about the condition of the property.

How much can I sue a landlord for wrongful eviction in California?

In California, punitive damages can be up to $100 per day of violation and at least $250 per separate violation. One of the main damages in a wrongful eviction lawsuit is the rent differential.

What is wrongful eviction California?

Under California state law, it is considered to be a wrongful eviction, when a tenant, living in a rent-controlled apartment, is evicted for grounds not approved by the Los Angeles Rent Stabilization Ordinance (RSO), or in a manner not approved by the Ordinance.

What is an illegal eviction in Michigan?

If your landlord does anything without an eviction order that prevents you from having access to your home, is could be an illegal eviction. After a judge signs the order, only a sheriff or court bailiff can physically remove you or your property from the home. Your landlord must give you notice of the eviction.

What is unfair eviction?

Harassment and illegal evictions. It's a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

Can a landlord evict you without a court order?

No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.

Can I sue for wrongful eviction in California?

A tenant who is illegally evicted can either sue the landlord (either in civil court or small claims court) or use the illegal eviction as a defense or countersuit to an eviction lawsuit. After trying to illegally evict a tenant, the landlord might decide to go to court and bring an eviction lawsuit against the tenant.

Is illegal eviction a criminal Offence?

Illegal eviction is a criminal offence. The fact that your landlord owns your home does not give them a right to evict you in any way they see fit.

Can a landlord evict you without going to court in California?

No, the tenant is not required to leave the rented property upon expiration of the period in the Notice to Quit. Both tenant and landlord will have to go to court first, and the landlord must wait for a formal court order to enforce the eviction of their tenant.

What happens if tenant refuses to leave after eviction notice?

If tenants don't leave at the end of the notice period, landlords must apply to the court for a possession order, which gives them the right to evict tenants and take possession of the property.

Can I call the police if my landlord locked me out?

If your landlord illegally locks you out of your home, cuts off your utilities, removes windows or doors, or takes your belongings to get you out of the home before the court eviction process is over, you can: Call the police and ask for help getting back into the home.

Can a landlord evict you for no reason Michigan?

In Michigan, landlords cannot evict tenants or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.

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 is the meaning of illegal eviction?

When landlords fail to follow the legal guidelines for evicting a tenant, it is considered an illegal eviction.

What are some examples of illegal eviction?

Illegal eviction can also extend to the grounds the landlord cites to evict a tenant. A landlord may follow the eviction process to the letter but...

Can I sue for wrongful eviction?

The short answer is yes. If you have been wrongfully evicted and served with an illegal eviction notice, you can sue your landlord. If your landlor...

What to do if you are wrongfully evicted?

Additionally, if you have been illegally evicted, you must take action as soon as you can. The wrongful eviction statute of limitations can vary fr...

Can a landlord evict you for no reason?

It depends on whether you have a month-to-month rental agreement or a fixed-term lease. If you have a month-to-month agreement, then your landlord...

Can I call police to evict tenant?

Landlords can't ask law enforcement to evict a tenant for them. They must still go through the eviction process. Once a court rules in favor of the...

Can a landlord remove my belongings?

A landlord cannot use self-help methods to evict a tenant. This includes removing your personal belongings from the property in an effort to get yo...

Can a judge stop an eviction?

If the eviction is in any way unlawful, you may file a lawsuit against your landlord. Once a judge rules in your favor, they may serve an illegal e...

How much can I sue for wrongful eviction?

Illegal eviction penalties can vary from state to state. In California, for instance, you can sue for actual damages in addition to $100 per day of...

What damages am I entitled to as a result of illegal eviction?

As a tenant, you are entitled to actual money damages as illegal eviction compensation. A court may order your landlord to provide reparations for...

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 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.

Can a landlord throw away a tenant's belongings?

A landlord is not allowed to throw away a tenant’s belongings before they have received an official court ruling. When a landlord partakes in this conduct, such as removing the tenant’s personal property or changing the locks to their apartment, it is known as a “self-help” eviction.

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.

How to file an eviction lawsuit?

File an eviction lawsuit if the tenant fails or refuses to remedy the situation (Pay or Cure) Allow the tenant time to respond to the complaint and summons. Obtain a judgment for possession. Remove the tenant with the help of law enforcement. The process can take a lot of time and the court costs can definitely add up.

How to evict a tenant?

When a landlord wants to evict a tenant, they must go through a legal procedure as outlined by state laws. The specifics of this procedure can vary from state to state, though it generally involves the following steps: 1 Send a termination notice to the tenant (Pay or Quit Notice, Cure or Quit Notice, or Unconditional Quit Notice) 2 File an eviction lawsuit if the tenant fails or refuses to remedy the situation (Pay or Cure) 3 Allow the tenant time to respond to the complaint and summons 4 Obtain a judgment for possession 5 Remove the tenant with the help of law enforcement

What are some examples of evictions?

Examples include tenants who are above a certain age or tenants who have resided at a unit for a set number of years. Landlords will have a hard time evicting protected tenants, and it may even constitute an illegal eviction even if the landlord has a good reason to remove them.

What are the types of unlawful evictions?

A landlord may follow the eviction process to the letter but have unlawful reasons for forcing a tenant out. This can include discriminatory eviction, retaliatory eviction, eviction due to nonpayment of rent ...

How long do you have to file a lawsuit for wrongful eviction?

The wrongful eviction statute of limitations can vary from state to state, but tenants generally have about a year to file a lawsuit.

What is discriminatory eviction?

Discriminatory Eviction. The Fair Housing Act offers protection to certain classes of people, namely race, color, religion, national origin, sex, disability, and/or familial status. When a landlord evicts a tenant because they are a member of a certain class, that is called discriminatory eviction. And, evicting a tenant as a result ...

Can you sue your landlord for eviction?

The short answer is yes . If you have been wrongfully evicted and served with an illegal eviction notice, you can sue your landlord. If your landlord turned to self-help methods, some of the things you can sue your landlord for include but are not limited to: Wrongful eviction. Trespassing.

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.

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 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.

Is it illegal to evict a tenant?

It is also illegal in most states for landlords to evict tenants for a retaliatory reason —for example, because you exercised a legal right, such as complaining to a health inspector about unsafe conditions in your rental unit. For the variety of legal grounds (or defenses) you might have to fight an eviction in your state—such as your landlord's ...

Can you sue your landlord for evicting you?

You can sue your landlord for illegally trying to evict you —but you need both the law and the facts to be in your favor to fight and win. If you lose, you could end up hundreds (even thousands) of dollars in debt and face a negative credit rating.

Can a landlord evict a tenant?

Before a landlord can evict a tenant, the landlord must have legally terminated (ended) the tenancy. Each state has its own termination procedures that detail how landlords must write and serve (deliver) termination notices. Most of the time, the type of notice the landlord must serve depends on the landlord's reason for ending the termination. ...

Can a landlord circumvent the eviction process?

Landlords cannot circumvent the termination and eviction process by taking the law into their own hands—for example, by changing a tenant's locks. Kicking a tenant out of a rental through means other than the procedures laid out in state law is known as a "self-help eviction."

Can a landlord evict you after you have served a termination notice?

Most of the time, the type of notice the landlord must serve depends on the landlord's reason for ending the termination. For example, a termination notice for nonpayment of rent is likely to be different from a termination notice for a lease violation. It is only after having served a proper termination notice that a landlord can legally evict ...

What does a tenant say about eviction?

A tenant, for example, may say that the eviction is a retaliatory eviction or that the missing rent was used to make necessary repairs that the landlord refused to make.

What is self help eviction?

A self-help eviction occurs when a landlord retakes possession of a property without using the eviction process. The use of self-help may amount to landlord harassment. Nearly every state prohibits a landlord from using self-help to evict a tenant. A state's legal eviction procedures apply regardless of what a tenant has done or how ...

What happens if a tenant refuses to leave the premises?

If the tenant refuses, the landlord must file an unlawful detainer action at the small claims court to have the tenant lawfully removed. The landlord must file a "complaint" with the court. A complaint contains:

What happens if you evict a tenant?

If a property owner illegally evicts a tenant, the tenant may sue the landlord for a wide variety of things depending on the circumstances of the eviction: Intentional infliction of emotional distress.

How long does it take to remove a tenant without cause?

To remove a tenant without cause, the landlord must serve the tenant with a 30-day or a 60-day notice to vacate the property.

What happens if a tenant does not respond to a complaint?

If the tenant does not respond to the complaint, a default judgment is issued for the landlord. If the tenant does respond with an answer but the court order is in favor of the landlord, that judgment entitles the landlord to take possession of the property.

What is a tenant's behavior?

Slander. Libel. Intentional infliction of emotional distress. A tenant's behavior will not shield a landlord from liability. Instead, a court may view the landlord's unlawful actions as landlord harassment. The tenant is entitled to actual money damages for the expenses resulting from the illegal eviction.