what kind of attorney helps with eviction notice

What court handles eviction?

The term “ eviction ” refers to the legal process in which a court can order the removal of a tenant from a rented apartment or home based on a request from their landlord. The landlord must have a justified and specific reason as to why the tenant needs to be evicted. There are many different reasons for why the landlord may want to evict ...

How can an eviction attorney help?

Sep 16, 2021 · An eviction notice, or an eviction letter, is a legal document that landlords use to evict tenants for not complying with the original terms of the lease or rental agreement. The notice officially states: The tenant must fix or “cure” the problem at hand; OR. The tenant must move out by a specific date; AND.

Do I need a lawer to handle an eviction?

Eviction Lawyers. Eviction lawyers represent either the landlord/property owner, or the tenant during the eviction process. Landlords typically like to hire eviction lawyers because they help ensure the specific eviction requirements, such as notice and …

How to find a landlord eviction attorney?

If the reason for the eviction is that the tenants have failed to pay rent, the appropriate notice is likely a 3 day notice to pay rent or quit. If the tenant is in violation of the lease, the notice is likely a 3 day notice to perform covenants or quit. If there is no lease in effect and the landlord simply wants their property back without ...

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...

How much notice should a landlord give a tenant to leave?

It depends on what state you’re in and your reason for evicting the tenant. You need to give the tenant the proper number of days’ notice required...

What happens if I receive an eviction notice?

While the notice is not a court order to leave, do not ignore it. An eviction notice allows the landlord to start the eviction process in court if...

How can I evict a tenant fast?

The fastest way to evict a tenant is to follow the correct legal procedure from the beginning , so you don’t wind up in a lengthy lawsuit. Make sur...

Do I need a lawyer to evict a tenant?

You don’t need a lawyer to evict a tenant. However, you may consider hiring a lawyer to help you if: This is your first eviction The tenant is fil...

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.

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.

Can you stop an eviction?

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

Evictions and Unlawful Detainers

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.

Eviction Lawyers

Eviction lawyers represent either the landlord/property owner, or the tenant during the eviction process. 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.

When to Hire an Eviction Lawyer

If you're a tenant the best time to hire an eviction lawyer is right after you believe your landlord has either abused his or her power, or is in material breach of your lease agreement.

How long does it take to get an eviction notice?

If the reason for the eviction is that the tenants have failed to pay rent, the appropriate notice is likely a 3 day notice to pay rent or quit. If the tenant is in violation of the lease, the notice is likely a 3 day notice to perform covenants or quit.

What happens if a tenant doesn't pay rent?

Many would think that if a tenant is not paying rent or is breaching the terms of the lease that they would have the right to go and physically remove the tenant. This would be a disastrous mistake as there are severe penalties to resorting to this kind of “self help" in taking back possession of one’s property.

How long is a 60 day notice required?

A 60 day notice, for example, is generally required where the tenancy has existed for more than a year. A proper notice as well as proper service of the notice is critical as the law requires strict compliance with statutes in these regards in order to prevail in an unlawful detainer.

Is the unlawful detainer process legal?

A general overview of the Unlawful Detainer/Eviction process: The information contained herein is general information only; is not legal advice; and should not be relied upon. If you have a pending legal matter you are advised to contact an Attorney in your particular jurisdiction for representation.

How do you find a good real estate lawyer?

If buying or selling property feels overwhelming and the thought of finding a good real estate lawyer seems daunting, you’re in luck. There are some simple steps to follow for finding a trustworthy, affordable real estate lawyer to help with your property and legal needs.

What does a real estate lawyer do?

A real estate lawyer represents their client’s best interest in all matters related to the sale, purchase and ownership of real estate. They are experts in real estate law. In states that require a real estate lawyer to close home sales, the lawyer must review and finalize all documents before the deal can be legally completed.

Do I need a real estate lawyer?

Whether you need a real estate lawyer depends on what kind of legal assistance you need. In many states (such as Vermont and Maine), you are required to hire a real estate lawyer to handle the closing documents of a home sale.

How much do real estate lawyers cost?

The cost to hire a real estate lawyer depends on your needs. The national average cost for real estate lawyers ranges between $350 and $550, although prices can vary greatly based on the individual case. Many states, such as New York and Georgia, require that a real estate lawyer handle the closing documents when buying or selling a house.

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, ...

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.

Types Of Eviction Notices

The most common type of eviction notice is the "pay rent or quit" notice. These notices indicate that you have a short period of time to catch up on your late rent or you’ll have to vacate the premises. If you fail to catch up with the unpaid rent or leave the property, the landlord will move forward with the eviction process.

When Does The Landlord Have To Send An Eviction Notice?

If the landlord wants to evict you, they have to send an eviction notice. The eviction notice is usually the first step in the eviction process. If you fail to comply with the eviction notice, the landlord may file an eviction lawsuit (sometimes called an unlawful detainer lawsuit).

Select your situation to see what you can do

If you want to stay in your home, make a plan to catch up on your rent.

Legal help

If your landlord is threatening to evict you, or you need help understanding your rights, talk to a lawyer. You may qualify for free legal aid, based on your income.