what kind of attorney handles illegal eviction

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 is wrongful eviction?

A wrongful eviction occurs when an individual is illegally evicted from their rental property. In most cases, a landlord ignores the rules and laws and takes matters into their own hands. This can occur in many ways, including when a landlord: Changes the locks on the rental;

What is retaliatory eviction?

Retaliatory evictions occur when a landlord evicts a tenant for retaliation. A landlord cannot evict a tenant for exercising their legal rights, such as notifying a health inspector or government entity of unsafe conditions in the rental home or apartment. Retaliatory eviction laws vary by state.

What is eviction in a rental?

Eviction refers to a legal process in which a court orders the removal of a tenant from a rented apartment or home at the request of the landlord. The landlord must have justification for requesting eviction. There are many reasons a landlord may wish to evict a tenant from a rental property. These can include:

What does a landlord do when evicting a tenant?

The landlord files a complaint, which outlines the circumstances for eviction and may request back rent and/or damages. The landlord must serve the tenant with the complaint and a summons, which informs the tenant a lawsuit has been filed.

How to fight an eviction?

The simplest way to fight an eviction is to adhere to the terms of the rental agreement.

What happens at a tenant eviction hearing?

At this hearing, the court will determine whether the landlord provides sufficient evidence to issue the right to evict. The tenant is also permitted to attend the hearing. Following the hearing, the court will issue a decision based on the evidence presented.

What is a pay or quit notice?

Pay or quit; Cure or quit; and. Unconditional quit. A pay or quit notice is provided when a tenant has not paid rent. The landlord puts the tenant on notice that if they do not pay the rent, they will be required to leave. A cure or quit notice is provided when a tenant has violated a term of the lease.

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.

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 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.

What happens if a landlord removes a tenant's personal property?

If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.

How long do you have to leave a house if you are not a tenant?

If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.

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.

When should landlord and tenant come to their own agreement?

This should happen either before the landlord sends a formal eviction notice or the tenant should reach out to the landlord immediately after they receive it. This is especially true if the reason for the eviction is based on missing rent payments.

What is unlawful detainer?

Evictions, known as “unlawful detainers” in some locations, serve the purpose of removing a tenant or tenants from a rented space. A landlord will pursue this action only after a tenant materially breaches a rental agreement, both parties can't reach an agreement, and the tenant refuses to vacate the property. During an eviction or unlawful detainer the landlord will file a series of notices and complaints with the court in order to legally notify the tenant of the pending eviction, and to provide them with the opportunities to cure the issues, or vacate the premises.

Why do landlords hire eviction lawyers?

Landlords typically like to hire eviction lawyers because they help ensure the specific eviction requirements, such as notice and court filings, are properly provided and filed. This is important because a slight misstep in timing can unravel the entire eviction.

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.

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.

Should landlords consult with an attorney?

Landlords should also consult with an attorney if they are ever being investigated for illegal discrimination, evicting a tenant, sued for injury, sued for damage to property, audited by the IRS, fighting slander or libel or anytime you are going to court (such as small claims court). While some landlords do navigate successfully through these legal issues, having a knowledgeable attorney by your side can prevent you from making mistakes that lead to more serious issues.

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.

What are some examples of evictions?

Examples include tenants who are above a certain age or tenants who have resided at a unit for a set number of years. Landlords will have a hard time evicting protected tenants, and it may even constitute an illegal eviction even if the landlord has a good reason to remove them.

What are the types of unlawful evictions?

A landlord may follow the eviction process to the letter but have unlawful reasons for forcing a tenant out. This can include discriminatory eviction, retaliatory eviction, eviction due to nonpayment of rent ...

How to evict a tenant?

When a landlord wants to evict a tenant, they must go through a legal procedure as outlined by state laws. The specifics of this procedure can vary from state to state, though it generally involves the following steps: 1 Send a termination notice to the tenant (Pay or Quit Notice, Cure or Quit Notice, or Unconditional Quit Notice) 2 File an eviction lawsuit if the tenant fails or refuses to remedy the situation (Pay or Cure) 3 Allow the tenant time to respond to the complaint and summons 4 Obtain a judgment for possession 5 Remove the tenant with the help of law enforcement

How long do you have to file a lawsuit for wrongful eviction?

The wrongful eviction statute of limitations can vary from state to state, but tenants generally have about a year to file a lawsuit.

How to file an eviction lawsuit?

File an eviction lawsuit if the tenant fails or refuses to remedy the situation (Pay or Cure) Allow the tenant time to respond to the complaint and summons. Obtain a judgment for possession. Remove the tenant with the help of law enforcement. The process can take a lot of time and the court costs can definitely add up.

What is discriminatory eviction?

Discriminatory Eviction. The Fair Housing Act offers protection to certain classes of people, namely race, color, religion, national origin, sex, disability, and/or familial status. When a landlord evicts a tenant because they are a member of a certain class, that is called discriminatory eviction. And, evicting a tenant as a result ...

What is non-economic damages?

Non-economic damages refer to compensation for the pain, suffering, or emotional distress you went through. Punitive damages, on the other hand, are monetary amounts designed to penalize your landlord. This can be as much as two to three times larger than your economic damages, though it depends on where you live.

Can a landlord evict you after you have served a termination notice?

Most of the time, the type of notice the landlord must serve depends on the landlord's reason for ending the termination. For example, a termination notice for nonpayment of rent is likely to be different from a termination notice for a lease violation. It is only after having served a proper termination notice that a landlord can legally evict ...

Can a landlord evict a tenant?

Before a landlord can evict a tenant, the landlord must have legally terminated (ended) the tenancy. Each state has its own termination procedures that detail how landlords must write and serve (deliver) termination notices. Most of the time, the type of notice the landlord must serve depends on the landlord's reason for ending the termination. ...

Can a landlord circumvent the eviction process?

Landlords cannot circumvent the termination and eviction process by taking the law into their own hands—for example, by changing a tenant's locks. Kicking a tenant out of a rental through means other than the procedures laid out in state law is known as a "self-help eviction."

Can you sue your landlord for evicting you?

You can sue your landlord for illegally trying to evict you —but you need both the law and the facts to be in your favor to fight and win. If you lose, you could end up hundreds (even thousands) of dollars in debt and face a negative credit rating.

Is it illegal to evict a tenant?

It is also illegal in most states for landlords to evict tenants for a retaliatory reason —for example, because you exercised a legal right, such as complaining to a health inspector about unsafe conditions in your rental unit. For the variety of legal grounds (or defenses) you might have to fight an eviction in your state—such as your landlord's ...

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 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, ...

Why hire a landlord attorney?

Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, ...

3 attorney answers

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.

Richard J. Chertock

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 is unlawful detainer?

To evict a tenant from a residential or commercial apartment or space, a landlord needs to initiate an eviction proceeding or file an Unlawful Detainer action which is basically an accelerated action for the recovery of possession of leas ed/rented premises.

Who pays the service of process fee?

The landlord also pays the service of process fee. This is a one time fee paid to serve the tenant (s) with the Summons and Complaint, regardless of how many attempts are necessary to properly serve. The proof of service is also included and is delivered and filed in a form that will stand the scrutiny of the courts.