what type of lawyer handles evictions from apt

by Ben Kirlin 6 min read

What type of attorney handles evictions? Real estate attorneys are sometimes called landlord–tenant or rental attorneys. The exact type of law that an attorney specializes in will determine whether or not they can help you with the issues that you are having.Jul 6, 2021

What court handles evictions in California?

Landlord / Tenant | Superior Court of California. JURY SCAM ALERT - Thieves Pose as Court Employees and Gain Personal Financial Information From Their Victims Over the Phone. See Judiciary Warning for More Details.

Which court handles cases involving evictions Texas?

Eviction Cases must be filed in the Justice Court in the Justice of the Peace Precinct in the county in which the real property is located. See Section 24.004, Texas Property Code.

What court handles evictions in New York State?

Landlord/tenant cases in New York City Civil Court that result in an eviction are generally handled by the city marshals.

Are NYC courts open for evictions?

New York State courts are open and offering limited in-person assistance for health and safety reasons. New York City Housing Court is currently open for emergency cases, including if you: Are locked out of your home without a court order. Need emergency repairs.

Can you be evicted without going to court?

To evict the tenant without going to court, you must give 'reasonable notice', either verbally or in writing. This is usually the regular period of rent payments; for example, if they pay rent monthly, the notice can be a month.Sep 27, 2021

How long does court eviction take?

The process eviction literally can take anywhere between 14 days to 6-8 months, typically. I know, not the most useful answer! But the reality of how long an eviction will take is dependent on the circumstances; mostly what it boils down to is how wilful your tenant is.

Can I be evicted during Covid in New York?

NYS Tenant Safe Harbor Act (TSHA)—Tenants who can prove they had financial hardship during the State COVID-19 emergency period (March 7, 2020 to June 24, 2021) may have a defense in court to eviction for non-payment of rent owed during that period, under the NYS Tenant Safe Harbor Act.Jan 12, 2022

How do I get a court order to evict a tenant?

As a first step, you must give notice to your tenant before you can evict them. Generally, this will be a Section 21 or Section 8 notice. Should your tenant refuse to leave by the date stated on the notice, you may then seek possession by applying for a court order for eviction.

Can a landlord evict you for no reason in NY?

A landlord cannot end a tenancy early without cause. If the landlord does not have cause for an eviction case, then the landlord must wait until the end of the lease or rental period before asking or expecting the tenant to move. The landlord may still need to give the tenant notice, though.

Will NYC extend eviction moratorium?

NEW YORK (WABC) -- New York let its eviction and foreclosure moratorium expire on Saturday, but will once again let people apply for eviction protection and rent relief.Jan 15, 2022

Will New York eviction moratorium be extended?

That moratorium was first put in place through May 2021, then extended to September and one final time until January 15th, 2022, when it will expire.Jan 14, 2022

How long is the eviction process in NYC?

It takes about 14 to 90 days from the issuance of the Notice to Vacate, depending on the reason for eviction and the lease agreement.Dec 22, 2021

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

Do you need to to evict your tenant from an apartment in Woodbury?

Since the eviction process in Woodbury is complex, it is highly recommended that you seek the advice of a Woodbury evictions lawyer as soon as possible.

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To learn more about the Woodbury tenant eviction process and Woodbury Landlord Tenant Law, read our articles.

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.

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

What to do if landlord evicts you?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.

What to do if landlord tenant attorney is not doing the job you expect?

If your landlord tenant attorney is not doing the kind of job you expect, don’t hesitate to seek out another one that may be a better fit. Whether the attorney is too hard to get ahold of or your personalities just don’t mesh, don’t get stuck with someone who is not meeting your needs one way or another.

What is a landlord tenant attorney?

A landlord tenant attorney is one who specializes in the legal issues surrounding landlord and tenant rights and is a valuable resource for you when you need it most. Legal expertise can guide even the most prepared landlord through the challenges of managing your rental property.

Should I use an attorney to write a lease agreement?

It’s a wise idea to use an attorney to write your lease agreement so that it covers all your rights and stays compliant with local, state and federal law. Rather than download a generic lease agreement from the internet, work with the attorney to draft an agreement that specifically reflects your property and your expectations from a tenant.

Moses, Dunn, Farmer & Tuthill, P.C

Landlord And Tenant Lawyers at 612 First Street, N.W., Albuquerque, NM 87125-7047

G. M. Segura Law

Landlord And Tenant Lawyers at 6300 Riverside Plaza Ln. NW, Ste. 100, Albuquerque, NM 87120

O'Brien & Padilla, P.C

Landlord And Tenant Lawyers at 6000 Indian School Road N.E., Suite 200, Albuquerque, NM 87110

Allen, Shepherd & Lewis, P.A

Landlord And Tenant Lawyers at 4801 Lang Avenue NE, Suite 200, Albuquerque, NM 87109

Jackson, Loman, Stanford and Downey, P.C

Landlord And Tenant Lawyers at 201 3rd Street, N.W., Suite 1500, Albuquerque, NM 87102

Business Law Southwest LLC

Landlord And Tenant Lawyers at 320 Gold Avenue SW, Suite 610, Albuquerque, NM 87102-3299

Vance Chavez & Associates, LLC

Landlord And Tenant Lawyers at 500 4th Street, N.W., Suite 405, Albuquerque, NM 87102

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 is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

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