Should I Hire an Attorney if I'm Getting Evicted?

Use these links to jump to different sections:

• Understanding the Legal Grounds and Procedures for Eviction
• Eviction Procedures
• The Role of an Attorney in Eviction Proceedings
• Financial Considerations and Seeking Legal Help
• Find Experienced Legal Help

Facing eviction can feel like an uphill battle, especially when you are uncertain about your legal standing. Whether it is due to non-payment of rent, lease agreement violations, or other reasons, understanding the eviction process and your legal rights is crucial. Strict laws govern the eviction process, and one mistake or misunderstanding can lead to serious consequences, including a default judgment on your record.

While it might be tempting to attempt handling the case without legal assistance, hiring an attorney can provide you with the expertise needed to avoid unfavorable outcomes. Hiring an attorney may be a wise move in many cases to ensure that your eviction process is handled fairly and lawfully. A lawyer can offer valuable guidance, from interpreting local landlord-tenant laws to negotiating terms with your landlord.

John Cowherd, a real estate attorney in Virginia, represents property owners who experience legal disputes with neighbors and community associations like HOAs. He speaks to the personal drive and motivation that many real estate attorneys feel in their professional practice and helping clients. “My interest in real estate law is that real estate is about people. It’s about their relationships with each other. In a very sort of earthy way, I would say that I’ve been interested in property for as long as I’ve been sort of interested in people”

Understanding the Legal Grounds and Procedures for Eviction

Before facing eviction, renters should understand the legal grounds for eviction. If a landlord tries to evict a tenant outside of the legal grounds, the tenant may have a claim for wrongful eviction. Each state lists reasons that give a landlord legal grounds for eviction. Common examples of “just cause” for eviction include unpaid rent, rental agreement breaches, and illegal activity.

Tenants also benefit from understanding eviction laws, which define the proper procedure a landlord must follow when evicting a tenant. A landlord could have just cause but go about eviction improperly, violating the tenant’s rights. A common violation is a landlord taking “self-help” action to get the tenant out of the rental property. Examples include removing the tenant’s personal property without court authorization, changing the locks, or turning off the utilities.

Eviction Procedures

An eviction begins when the landlord provides proper notice to the tenant, typically referred to as a “notice to quit” or a “notice to vacate.” This notice is a legal document informing the tenant of the landlord’s intention to evict and providing a specific reason for the eviction. Most states require landlords to provide advance notice—often 3, 7, or 30-day notice, depending on the cause. In cases of rent non-payment, notice periods are typically shorter, while lease violations or termination might require longer notice. The landlord must serve the eviction notice to the tenant, often by posting it on the door, sending it by mail, or delivering it in person, based on state requirements. This starts the eviction timeline and allows the tenant to remedy the issue, such as paying overdue rent or rectifying lease violations.

If the tenant does not comply within the notice period, the landlord can file an unlawful detainer lawsuit to request a court order for eviction. Filing this document officially brings the case to court, where property owners and tenants will have the opportunity to present their case. The court schedules a court date for a hearing where the landlord and tenant can each present their evidence. This hearing allows the tenant to dispute the eviction if they believe it is unjustified, and the judge determines if eviction is warranted. If the landlord wins, the court issues a writ of possession, permitting the landlord to reclaim the property.

The Role of an Attorney in Eviction Proceedings

A lawyer can provide several benefits to tenants when facing an eviction proceeding. A lawyer will help a tenant read and understand the lease terms, landlord-tenant laws, and local regulations. A tenant can ask questions to better understand their rights and legal responsibilities. The law continues to change, so a lawyer can keep their client up to date on any changes to applicable laws.

When an issue arises, a landlord-tenant attorney can negotiate on behalf of the tenant with the landlord. They can arrange a payment plan to help the tenant avoid eviction. An attorney can work with landlords to secure terms for a “voluntary vacate” agreement, allowing tenants to move out by a specified date without needing a court hearing. Some states, like Florida, have a cash-for-keys program that a lawyer can assist tenants with. The tenant would voluntarily vacate the property and offer a monetary sum lower than what they owe. Lawyers in California help tenants by guiding them through eviction diversion programs in counties like San Francisco and Los Angeles. In these programs, tenants negotiate with landlords through court-approved mediation. New York City offers a free legal service program for tenants.

Should an eviction progress in the court process, a landlord-tenant lawyer can prepare legal documents and file them in the appropriate court on behalf of the tenant. Lawyers can help tenants navigate court costs, potentially reducing financial burden by advising on payment options or fee waivers. If eviction progresses to the enforcement stage, attorneys can ensure that eviction is conducted legally, especially when law enforcement officers are involved.

Financial Considerations and Seeking Legal Help

Sometimes, tenants hesitate to seek legal assistance because they are worried about the cost of attorney fees. The cost of legal representation can vary significantly based on several factors. Location, eviction lawsuit complexity, and the lawyer’s experience can all impact cost. Different fee-charging methods exist, such as flat rate, hourly, or retainer. A tenant should look for a lawyer that they can afford and is also a good fit for the case. A tenant should consider the potential costs of facing an eviction case without legal representation. These could potentially far outpace the cost of hiring legal representation.

Cowherd discusses the importance of focusing on solutions rather than legal action. By focusing on solutions, tenants can find a more positive and economical outcome. Often, being cooperative can also help tenants and landlords find a quicker resolution. “It’s important to focus on the solution to things rather than being focused on lawyers, courts, and things like that. In many instances, a lawyer will already be thinking about it that way or inviting the client to think about working with other like-minded people.”

Many states have legal aid programs to help low-income tenants with special needs. These programs provide legal representation access at a low cost or for free. They often include assistance with court filings, eviction defense strategies, and settlement negotiations. For example, the Florida Bar Foundation offers access to free or low-cost legal assistance to tenants facing eviction through local organizations. In the greater Boston area, Harvard Law School offers a Tenant Advocacy Project, which provides free legal help for low-income tenants facing eviction. Some law firms or attorneys may offer pro bono (free) legal services to tenants in need. Tenants can inquire at local law schools or legal clinics for potential pro bono options. Tenants can also ask about flexible payment plans that enable monthly installments instead of a lump sum.

In addition to legal representation fees, tenants may also be responsible for court filing fees. These can range from $50 to $500. The more complex and lengthier the case, the higher the fees will be. A lawyer may be able to help a tenant resolve the situation more quickly, resulting in lower court costs.

Find Experienced Legal Help

The eviction process is daunting but does not have to be navigated alone. You can potentially prevent eviction or minimize its impact with the proper legal support. Hiring an attorney gives you access to valuable legal knowledge that can help you make informed decisions throughout the proceedings. From negotiating payment plans to ensuring proper documentation and compliance with state laws, a skilled attorney can provide the assistance you need to face eviction confidently. If you are facing eviction, seeking legal advice is essential to ensure a fair process and protect your long-term interests.

Search the Super Lawyers directory for a knowledgeable real estate attorney who works with tenants facing eviction.