Even limited legal help can make a difference, and it might be all you need to steer your way toward a favorable outcome. Check for an attorneys' fees clause in your rental agreement. Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits.
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. These types of "self-help" remedies are illegal.
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.
As a practical matter, if you have an attorneys' fees clause in your lease or rental agreement, you will have an easier time finding a lawyer to represent you. Since the landlord pays the lawyer's bill if you win, a lawyer needn't worry as much about getting paid by you.
The entire process can be done is as little as one week if the eviction is uncontested, or take years in unusual circumstances. On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action.
The Judge will typically give you 5-10 days to move out. Failure to move out will result in a Writ of Possession being issued. If this occurs, the Constable will serve you with a 24-hour notice to vacate.
Florida Eviction Process TimelineStepEstimated TimeTenant Response Period5 Business DaysCourt Ruling1-5 Business DaysCourt Serving Writ of Possession1-3 Business DaysFinal Notice Period24 Hours3 more rows
CDC's Order Halting Evictions On August 3, 2021, the Centers for Disease Control and Prevention (CDC) issued an Order preventing many residential tenants from being evicted for nonpayment of rent. Note This Order was struck down by the Supreme Court [PDF] on August 26, 2021. Read the Order itself along with FAQs.
A landlord can sue their tenant for COVID-19 rental debt in small claims or civil court.
A Writ of Possession may be issued, after a Final Judgment of eviction has been entered by the Court. The issued Writ of Possession is then delivered to the Sheriff's office to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 25 hours from the time of service.
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.
According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons.
Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.
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. These types of "self-help" remedies are illegal. No matter how strong a landlord's case may be for ending a tenancy, a landlord doesn't have the right to take, or even threaten, any self-help actions against you.
HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year. If HUD investigates your complaint and determines there's reasonable cause to believe your landlord has been discriminating, you'll get the benefit of having a HUD lawyer representing you in front of an administrative law judge at no cost. The judge can award you compensation and attorneys' fees, impose penalties against your landlord, and order other relief.
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 ;
If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.
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.
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.
A lawyer experienced in handling discrimination cases can help determine if your landlord’s actions were illegal and if you have a credible case against your landlord. In addition to the FHA, state and local housing laws prohibit various types of discrimination against tenants—and are often stricter than federal laws.
For example, a notice to pay rent or quit (given when a tenant fails to pay rent) usually must state how much the tenant owes and give a firm deadline by which the tenant must move out or pay rent. Landlords must serve termination notices as mandated by state law—typically hand delivery or delivery by certified mail.
On the flipside, if you lose a lawsuit against your landlord, you might be on the hook for fees and costs. Watch out for "one way" fees clauses (where the landlord doesn't have to pay your fees and costs if you win, but you have to pay the landlord's if you lose).
For example, if your landlord doesn’t fix a leaky roof before a forecasted rain storm, your furniture and other property might be damaged.
If your landlord has tried to evict you without following the proper procedures, such as not giving enough notice or improper service, a lawyer can help you figure out the technical violations and how those can be used to dismiss an eviction suit.
If your landlord does take discriminatory actions against you, a lawyer can help stop the discriminatory behavior and help you recover damages. Proving that your landlord discriminated against you can be difficult, especially when it’s not obvious.
1. You’re Experiencing Discrimination. Under the federal Fair Housing Acts (FHA), it’s illegal for landlords to discriminate against both potential and current tenants.
Effective ways to find lawyers can include using online lawyer directories, asking landlords you know who their attorneys are, or seeking recommendations from a local landlords’ association, among others.
Most small landlords will end up either paying hourly for legal services, or paying a flat fee for specific legal matters. If you are being billed hourly, your lawyer will usually bill in 10- or 15-minute increments.
In order to get the most out of your interactions and overall relationship with your lawyer, it is important to keep a few tips in mind. As an initial matter, try to be as organized as possible in terms of having necessary documents and records available and assembled ahead of time for meetings.
In the event of a dispute with your attorney that cannot be resolved independently between the two of you, local bar associations often offer mediation or dispute resolution help. If there has been an ethical breach of some sort, such as overbilling or failing to properly handle your case, attorneys are subject to discipline by the state bar.
Keep updated on legal developments by following industry publications, and send any relevant changes to your lawyer, asking that they do the same. You can find most state, local, and federal laws relevant to your rental property on your own by going online.
In each case, YourLawyer walks alongside you to secure your entitlements so that you can focus on living the best life possible.
If you are injured in a public place you may be entitled to compensation. Trying to find the person responsible and deciding if it is worth your effort can be exasperating. Relax, we’re on your side.
If you do your job, you deserve to be paid. We all go through financial issues at some point in our lives, nevertheless that is not an excuse not to be paid for your services. Debt law can be complex. Don’t worry, we will do all that we can to get you back what you are owed.
Attorney fees can be daunting, but you should be aware that some attorneys will take cases that involve a potentially substantial payout on a contingency fee basis. This is the usual way of handling personal injury and discrimination cases, although it is not common in eviction cases.
Your lease may have a provision that awards attorney fees if you win in a dispute over the lease. These provisions usually work both ways, meaning that whoever loses pays both sides’ attorney fees.
If you are concerned about your lawyer’s fees, accessibility, or competence, you should address the situation head-on as soon as possible. If it is not cleared up to your satisfaction, you should not hesitate to change lawyers.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.