Do You Need an Attorney to Evict Someone?

Use these links to jump to different sections:

• When to Consider Hiring an Eviction Lawyer
• Key Elements of the Eviction Process
• A Lawyer Can Advise on Alternatives and Preventative Measures
• Making the Right Choice for Your Eviction Case

Eviction is rarely as simple as asking a tenant to leave. Evicting a tenant can be a challenging and complex process that involves navigating a maze of laws and regulations. As a landlord, it’s crucial to follow the proper legal channels to avoid complications that can lead to further financial loss or even lawsuits. A lawyer’s expertise can be a game-changer, ensuring that every part of the eviction process is handled correctly and legally. In some cases, hiring an eviction lawyer is the best course of action to ensure that the process is carried out correctly and complies with all applicable laws.

When to Consider Hiring an Eviction Lawyer

When deciding whether or not to hire a landlord-tenant attorney, a landlord should consider the potential benefits and costs. The costs go beyond the financial costs that come with hiring legal representation. A landlord must follow their state’s landlord-tenant laws, which include eviction laws. These laws can be complex and routinely change, making it challenging for property owners to stay current. Violating the law can expose the landlord to liability and potential tenant lawsuits for unknowingly violating the tenant’s rights.

Some landlords assume they do not need a lawyer because they have hired a property manager. This may not be an accurate assumption. The property manager may hire a lawyer to handle eviction cases. However, the attorney works for the property manager, not the property owner. The owner may not have a say in which law firm the property manager hires, resulting in a less-than-satisfactory experience. Property owners should consider hiring their own legal representation to handle all legal matters related to their rental properties.

Some situations signal a potentially more complicated legal issue. Landlords can benefit from the legal guidance of hiring an attorney. One example would be if the renters engage in illegal activity during the tenancy. The landlord may need to coordinate with law enforcement. Another issue a lawyer can provide support with is when the tenant makes claims of illegal eviction practices or a violation of their tenant rights. These claims create liability for the landlord, which they will need to defend themselves against.

Another common situation is when the damages go beyond just unpaid rent. Property damage could amount to more than the security deposit needed for repair. The landlord would need to pursue additional compensation from the tenant to cover the missed rent payments and damage repair. The tenant could refuse to vacate the property despite being given proper notice.

John Cowherd is a real estate attorney in Virginia who represents property owners experiencing legal disputes with neighbors and community associations such as HOAs and condominiums. He maintains his private practice at Cowherd PLC. As an attorney, he focuses on how he can help potential clients—which is a key trait to look for when seeking an eviction lawyer. “I try to find out what it is that the client wants or needs, so that I can figure out whether I think I can help them.”

Key Elements of the Eviction Process

Landlords should be aware of several elements of the eviction process. The eviction process starts with the eviction notice. This is a formal written notice the landlord delivers to the tenant. The notice informs the tenant of the landlord’s intention to evict the tenant and the reason for the eviction. The notice must be clear, concise, and compliant with state law. There are different types of eviction notices; a 30-day notice, a three-day notice, and a notice to quit or cure are the most common. Written notices are legally required in most states to begin the eviction process. Verbal warnings are not sufficient as proper notice. Timing and content of the notice are critical; failure to comply with notice requirements can delay or invalidate the eviction.

If the tenant does not comply with the eviction notice, the next step is to file for eviction in the correct court where the property is located. After filing, the court schedules a hearing court date where the landlord and tenant present their cases. The landlord must show evidence of the reason for eviction. Both parties are required to attend the hearing. The judge will determine whether the eviction is justified. If the landlord wins, the court will issue a writ of possession, allowing the landlord to take further action to regain the property by ordering the tenant to vacate the property.

A Lawyer Can Advise on Alternatives and Preventative Measures

Filing an eviction lawsuit and going through the court process is not the only option available to landlords. A lawyer can advise a landlord on alternative solutions that may provide a more affordable and quicker resolution.

Working with an attorney can also help landlords implement preventative measures that reduce the risk of initiating eviction proceedings. This could include conducting thorough tenant screening. By screening applicants, a landlord can identify red flags that could signal a potentially problematic tenant. Screening best practices include a background check, criminal history report, credit report, rental history verification, and employment verification. A financially stable and responsible tenant is less likely to commit non-payment of rent.

An experienced real estate attorney can also draft a clear rental agreement for a landlord. A well-written lease agreement outlines both parties’ expectations, legal rights, and responsibilities. It will also include the rules and consequences for violating the lease. For example, it will list the security deposit amount, the due date for rent, late fees, and any other legal consequences. Clear agreements aid in reducing disputes about legal issues and the agreement terms. Lease-term misunderstandings that lead to lease violations and poor communication commonly cause an eviction lawsuit.

Not all property owners can afford attorney’’ fees to represent them in an eviction lawsuit. Alternative legal resources can provide support throughout the legal process. Some local jurisdictions and states have legal aid programs that offer free or low-cost legal help. Some law firms offer pro bono legal counsel to landlords. These legal assistance services are typically provided in situations where an eviction involves a low-income tenant. Some universities and nonprofit organizations host legal clinics where landlords can receive free or reduced-cost consultations.

Cowherd highlights the importance of being open-minded to alternative solutions. He discusses legal alternatives and solutions with his clients to determine the options for the client’s needs. “I always like to think and talk about non-litigation or even non-legal alternatives early on in the process, preferably in the initial consultation. Many people simply are not aware of the challenges, time, cost, and uncertainty associated with a long-standing court battle.”

However, before a landlord assumes they cannot afford an attorney or eviction court costs, they should seek out potential lawyers in their area. Law firms can vary significantly in the fees they charge, and a landlord may be able to find a firm within their budget.

Making the Right Choice for Your Eviction Case

Eviction can be a challenging and sensitive process, and the consequences of getting it wrong can be severe. Hiring an attorney to guide you through the eviction process can save you time, money, and legal headaches. Whether you’re facing tenant disputes or large-scale property evictions, an attorney can make all the difference in ensuring that your rights as a landlord are protected. If you’re dealing with an eviction situation, don’t hesitate to seek professional legal advice to navigate the process effectively and efficiently.

Visit the Super Lawyers directory to begin your search for a landlord-tenant attorney. For more information, read our overview of landlord-tenant law.