what type of lawyer handles eviction notices

From drafting a lease agreement to processing an eviction, a good landlord–tenant attorney will be worth the investment in time. and fees saved. Landlord–tenant lawyers know the ins and outs of legal property management. They are also familiar with common issues that plague landlords like you.

Full Answer

Why do I need an attorney to fight an eviction notice?

This is to encourage the parties to cooperatively come to an agreement. 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.

Can a tenant hire a lawyer for free to evict someone?

Although a tenant may not be able to hire a lawyer for free, they can gain access to free resources and information about eviction notices and the process. They can find these resources by conducting a search online, such as “free eviction help” along with the state and/or city in which they live.

What is an eviction notice and how does it work?

What’s an Eviction Notice? An eviction notice, or an eviction letter, is a legal document that landlords use to evict tenants for not complying with the original terms of the lease or rental agreement. The tenant and landlord may need to go to court to continue the eviction process.

How do I fight an eviction?

The simplest way to fight an eviction is to adhere to the terms of the rental agreement. Should the issue involve unpaid rent, prioritise the past due amount so it can be paid by the deadline given by the landlord. Should I Talk to a Lawyer for Any Issues with a Wrongful Eviction Case?

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.

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.

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 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.

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.

3 attorney answers

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.

Richard J. Chertock

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.

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.

Pay or Quit

Pay or quit notices are served due to failure of paying rent. If you have not paid your rent after the grace period is over, the notice will be served and will require you to respond or pay rent after five days. Depending on the landlord, partial or full payment of the outstanding balance may be required.

Cure or Quit

In this type of eviction notice, a tenant may have done something wrong that violates the agreed terms of lease. This means that even if you have been punctual in paying the rent, you may still receive this type of notice if you have not followed the landlord's rules or guidelines.

Unconditional Quit

With unconditional quit, there is nothing you can do to amend the problem. You are not given any opportunity to pay rent or fix whatever violation you have committed under the terms of lease.

Get Legal Help

The best way to handle eviction is to avoid it even before it happens. Abide by the rules set by the landlord, pay on time, and be a good tenant. Now, if you have been an abiding tenant and still you get an eviction notice, consult a good lawyer to know about the legal actions that you can take.

What does a landlord do when evicting a tenant?

The landlord files a complaint, which outlines the circumstances for eviction and may request back rent and/or damages. The landlord must serve the tenant with the complaint and a summons, which informs the tenant a lawsuit has been filed.

How to fight an eviction?

The simplest way to fight an eviction is to adhere to the terms of the rental agreement.

What is wrongful eviction?

A wrongful eviction occurs when an individual is illegally evicted from their rental property. In most cases, a landlord ignores the rules and laws and takes matters into their own hands. This can occur in many ways, including when a landlord: Changes the locks on the rental;

What is retaliatory eviction?

Retaliatory evictions occur when a landlord evicts a tenant for retaliation. A landlord cannot evict a tenant for exercising their legal rights, such as notifying a health inspector or government entity of unsafe conditions in the rental home or apartment. Retaliatory eviction laws vary by state.

What is eviction in a rental?

Eviction refers to a legal process in which a court orders the removal of a tenant from a rented apartment or home at the request of the landlord. The landlord must have justification for requesting eviction. There are many reasons a landlord may wish to evict a tenant from a rental property. These can include:

What happens at a tenant eviction hearing?

At this hearing, the court will determine whether the landlord provides sufficient evidence to issue the right to evict. The tenant is also permitted to attend the hearing. Following the hearing, the court will issue a decision based on the evidence presented.

What is a pay or quit notice?

Pay or quit; Cure or quit; and. Unconditional quit. A pay or quit notice is provided when a tenant has not paid rent. The landlord puts the tenant on notice that if they do not pay the rent, they will be required to leave. A cure or quit notice is provided when a tenant has violated a term of the lease.

How Does an Eviction Notice Work?

The landlord delivers a written eviction notice to the tenant in accordance with state law. If the tenant doesn’t fix the problem or move out, the landlord can file a lawsuit to evict the tenant. In court, a judge will hear the case and decide whether the tenant can stay.

How to Send an Eviction Notice

You can send an eviction notice by downloading an eviction letter and serving (delivering) it to the tenant according to your state’s requirements — usually by certified mail with a return receipt or hand-delivering the eviction notice to the tenant in person.

The Most Common Reasons for Sending an Eviction Notice

The most common reasons for sending your tenant an eviction notice are:

Ways Eviction Notices Can Be Considered Unlawful

Eviction notices can be unlawful if they fall under the following categories:

Tips on Avoiding Eviction Notice Costs and Issues

If you can resolve the problem with your tenant, you won’t need to use an eviction notice. For instance, if the tenant is late paying rent, you can ask why and try to understand the tenant’s situation. Consider working out a payment plan for missed payments.

How Much is an Eviction Notice?

It costs nothing to create your eviction letter, but you may need to pay the cost of certified mail delivery to serve the notice to your tenant.

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.

What is the purpose of a rent repayment hearing?

In states that schedule two hearings, often the initial hearing is designed to give the landlord and tenant the chance to work out an agreement to allow the tenant to remain in the rental unit, such as creating a rent re-payment schedule if the eviction is due to nonpayment of rent.

What happens if a tenant doesn't move out?

However, if the tenant is not able to correct the issue, or isn’t given the option to correct the issue and fails to move out by the deadline in the notice, then the landlord can proceed with the next step in the eviction process, which is filing an eviction action with the court.

Why is retaliatory eviction called retaliatory eviction?

These are called retaliatory evictions because it can appear that the landlord is trying to “get back” at the tenant for exercising their rights. If the rental unit is in a state that does not require written notice prior to beginning an eviction action, landlords may skip directly to step 4 below.

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.