can i use a landlord eviction attorney who is not in my area

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.

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Do I need a lawyer for an eviction?

Some of the common lawful reasons a landlord can evict a tenant include. failing to pay rent, violating the terms of the lease or rental agreement or. causing excessive damage to the rental unit. criminal activity (such as drug activity) Unlawful Evictions. Typically, laws prohibit evictions that are the result of discrimination (specifically ...

Is it illegal to evict a tenant for no reason?

Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions. Such a lawyer can come up with effective strategies or creative solutions that you might not be aware of—for example, the lawyer could argue that your landlord's eviction was retaliatory (and therefore an illegal eviction ...

Can a landlord evict a tenant without a lease in Florida?

Dec 16, 2004 · Alternatively, if you are a landlord commencing the eviction action, then an attorney can make sure that you have followed the proper procedures for eviction in your area and help you defend against an appeal. They also can explain any rights you have as the property owner. Additionally, do not ignore your ability to obtain free local resources.

Do courts side with landlords or tenants in eviction cases?

Is there anyone other than landlord who can use the eviction process? The answer is "yes"—there are other parties who can begin the eviction process. When you think about who they are, though, it will make sense that they can do this.

Can you evict someone during Covid in NY?

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

Can I do an eviction without a lawyer?

Eviction is a legal process that must be conducted via the courts and requires an attorney. A landlord cannot evict a tenant without going through due process of law. Assuming there is a written lease agreement in place, a breach of the conditions of the lease might lead a landlord to want to cancel the lease.Feb 22, 2019

What a landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

Can I sue my landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.Jul 1, 2021

Can a landlord evict you without a court order?

No-one can be evicted without an order of a court. ... The law does not permit arbitrary evictions. This means that before you are evicted there must be a court order. A court must consider how the eviction will affect the people who will be evicted and evictions cannot be done without good reasons.Apr 26, 2018

Can I forcefully evict a tenant?

It's a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

Can a landlord evict you for no reason?

So let's start with the good news: No, a landlord cannot evict you for no reason. Eviction is a legal process, and your landlord saying they want to evict you — without a legal reason to back it up — is not going to be able to get the eviction approved in court. ... Your lease ends and your landlord does not want to renew.Mar 7, 2019

How can I get my landlord in trouble?

If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.Aug 6, 2021

What are my rights as a tenant?

let the landlord know about any damage or repairs straight away. pay for their own outgoings eg, electricity, gas and internet. use the property mainly for residential purposes rather than business activities. leave the property clean, tidy, and clear of rubbish and possessions.

Can I sue my landlord for mold?

Yes, you can sue your landlord for mold issues. Whether you've just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.Feb 24, 2020

What is the meaning of emotional distress?

Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).

How do I claim compensation for emotional distress?

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.Jan 28, 2019

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...

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 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 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.

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 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.

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.

Can you stop an eviction?

A tenant can also stop an eviction if they have a valid legal defense against the claim.

How to evict a tenant?

Here are the most common parties who could bring an eviction proceeding: 1 The landlord, which is usually the property owner 2 The property owner's agent or management company —if a person or business was hired by the property owner to manage the property, the manager is acting as the landlord's agent and can seek eviction of tenants 3 A tenant from whom a subtenant is subleasing —if someone is subleasing, the tenant they are leasing from is their (the subtenant's) landlord; as landlord, the main tenant can evict 4 The tenant can also evict house guests —including family members or significant others not on the lease; they have possession of the premises, and can evict those who don't 5 Someone (like a lender) who acquired the property in foreclosure —they're the new owner, and can exercise the rights of a landlord 6 A new property owner —as with the above, if someone buys the property, they become the landlord and have the landlord's rights

Can a landlord sue for eviction?

It's not a determination as to ownership—the property owner's ownership is not affected by whether or not he or she can evict a tenant. It also has nothing to do directly with recovering unpaid rent or other amounts—though, of course, a landlord can sue for those as well as bringing a legal action for eviction.

What is discriminatory eviction?

A discriminatory eviction is an eviction based on the tenant being a member of a certain class. You cannot evict a tenant because you don’t like the color of their skin, the religion they practice or the fact that they have children.

How long does it take to evict a tenant?

The tenant deducted the amount of the repair from their monthly rental payment. If you attempt to evict a tenant within three to six months after their complaint or legal action against you, a judge may determine that you are simply trying to retaliate against the tenant. You can still file to evict a tenant who has complained or pursued legal ...

What are some examples of discrimination?

Examples of a discriminatory eviction: 1 1: A Jewish tenant puts a menorah in their window during Hanukkah. You file for an eviction because you think the menorah may discourage Christians from renting your property. You feel that there are more people who practice Christianity in your area and thus they represent a larger tenant base. This is religious discrimination and it is illegal. 2 2: A young couple moved into a two-bedroom apartment in your property one year ago. You find out the wife is pregnant. You do not want a screaming newborn disrupting the other tenants in your property, so you file to evict the couple. This is discrimination against families, and it is illegal.

What are protected classes?

The protected classes are race, color, sex, national origin, religion, familial status and disability. 1  Your state may have additional protected classes, so make sure you adhere to your state’s fair housing laws as well.

Can you evict a tenant for nonpayment of rent?

Under most circumstances, you can file to evict a tenant for nonpayment of rent. There is. however, an exception. You cannot evict a tenant if they are withholding rent until a safety or health issue at the property has been addressed. 2 

What is a protected tenant?

Protected Tenant. Your state or county may allow certain tenants to be classified as protected tenants. These can be tenants that are over a certain age, such as 62 years old, who have lived at a property for a certain number of years, such as 10 years. It can be very difficult to evict a protected tenant from a property, ...

Can you evict a tenant?

You cannot evict a tenant because they have made you angry by complaining or by legally reporting you to a housing authority. An eviction based on retaliation is known as a retaliatory eviction and it is illegal.

How long does it take to evict a tenant in Florida?

The process of evicting a tenant in Florida can be completed in as quickly as 2-3 weeks for uncontested evictions for nonpayment of rent. If the eviction is contested by the tenant or if it’s for a reason other than nonpayment of rent, the process can take longer ( read more ).

How long does it take to get a eviction notice?

Depending on their availability, it can take several days for a judge to rule on the eviction (and subsequently issue the Writ of Possession). Once a Writ of Possession is issued, it falls into the hands of the county sheriff’s office to serve the tenant with, which can take another 2 days or so.

When is rent due in Florida?

In Florida, unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late immediately after its due date . So if rent is due on the 1st of the month, if it’s not paid in full by the 2nd of the month, it is considered late.

How long does it take to pay rent if you are late?

Once rent is considered late, the landlord is allowed to provide a written 3-Day Notice to Pay Rent or Quit before proceeding further. This notice allows the tenant the ability to pay the unpaid amount in full within 3 business days (not including weekends or legal holidays) of when the notice is received.

How long does a landlord have to give notice to vacate?

In these instances, the landlord is required to provide the tenant with a 7-Day Notice to Cure or Vacate. NOTE. If a tenant commits the same violation within a 12-month period, the landlord does not have to offer the tenant the opportunity to remedy the situation a second time.

Can you evict a squatter?

If the individual occupying the property does not have a lease (or verbal agreement) with the landlord and no history of paying rent, they do not have a landlord/tenant relationship, and as a result, the process for their removal is different ( read more ).

How long does it take to get a summons for an eviction?

After the eviction lawsuit is filed, it can take 2-3 days (or more) for the court to issue the summons. After that, it can then take another 2-3 days for the tenant to be served, as it may take multiple tries to make contact.

What is landlord tenant law?

Landlord/Tenant Law encompasses most of our cases, both inside of court and outside. We represent both Landlords and Tenants in Commercial and Residential Disputes and Evictions. With over 12 years experience in the Tampa Bay, our Landlord/Tenant Attorney is ready to fight for you!

What happens if you shut off your power?

This means that if the landlord knowingly or unknowingly is responsible for the shutting off of a power, water or gas utility, you will be entitled to three times the monthly rent by your landlord. Don't let your landlord bully you but seek the advice of a landlord/tenant attorney.

Can an eviction lawyer move a monetary judgment?

An Eviction Lawyer can move to obtain a monetary Judgment or what is called Count II of the Complaint for Eviction. Non-lawyer Eviction Companies cannot do that. They only obtain a Judgment for Count I of the Complaint for Eviction, which is for the Writ of Possession for the property. So, if you need to go after the tenants for any monies, you will most likely need a landlord/tenant attorney to represent you.

Is it important to have a working relationship with a landlord in Florida?

Whether you are a business or an individual, if you are operating as a landlord, it is imperative that you have a working relationship with an attorney. Florida Law is very complex when it comes to Landlord/Tenant issues and a simple mistake could cost you dearly..

How long do you have to keep a security deposit?

If you are going to retain all or a portion of the security deposit, you have 30 days to inform your tenant that you wish to keep all or a portion of the deposit. The tenant has 15 days after receiving your security deposit retention letter to respond to your claim. If the tenant objects your claim on the security deposit, ...

What is security deposit?

A security deposit is a part of virtually every lease agreement and one of the key requirements for the tenant if they want to rent a unit in your community. It serves as a measure of protection for the landlord’s property in case of unintentional damage on the part of the tenant and thus gives both parties some peace of mind.

Can you deduct damage to a security deposit?

Deduction to Cover Damage to the Property. The security deposit may be kept in part or in full if the tenant caused material damage to the property. The damage, however, must not be due to normal wear and tear.

Can you deduct security deposit in Florida?

In Florida, a deduction from the security deposit can be made to cover the lost rent. As it is a tenant’s contractual obligation to pay a monthly rent, a failure to pay is considered a breach of lease. This is a sufficient reason to deduct a portion of the security deposit to recover the unpaid rent.