what type of attorney do i need for an eviction

Do I need a lawyer to evict tenants?

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.

How can a landlord/tenant lawyer help me?

May 18, 2020 · A landlord-tenant lawyer can help you prepare your case to avoid being wrongfully evicted, by using procedures and laws that might be unfamiliar to a non-lawyer. Hiring an Attorney for an Eviction Perhaps most importantly, if you are being evicted, you and your family members are at risk of losing your home and having an eviction on your record which can affect future …

How can a tenant defend against an eviction notice?

Jun 26, 2020 · Whether you’re facing eviction due to non-payment of rent or for violating your landlord’s pet policy, we hope we’ve helped you understand the wisdom of hiring a lawyer for eviction proceedings. A family lawyer can also help if you have problems with child custody and time sharing. Regardless of the reason for the eviction notice, remember, all tenants have …

Do I need a real estate lawyer to sell my house?

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 ...

Can you evict a tenant in California during Covid?

The law provided protections for tenants who were given an eviction notice because they were unable to pay their rent or other charges between March 1, 2020 through March 31, 2022, due to COVID-19-related financial distress.

Can I be evicted right now in California?

Lawmakers voted Thursday to ban evictions for anyone with a pending application until June 30. Kounalakis signed the bill into law Thursday afternoon because Gov. Gavin Newsom has left the state for vacation with his family, becoming the first woman to ever sign a state law in California history.Mar 31, 2022

How long does the eviction process take in California?

If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.

Can a landlord evict you for no reason in California 2021?

Landlords must have legal reason to pursue an eviction action and cannot terminate a lease agreement without cause. In California, landlords must win the eviction lawsuit to legally remove a tenant.Feb 18, 2022

Do you have 30 days after eviction notice?

Your landlord must give you a written Eviction Notice, sometimes called a "Notice To Quit." If you do not have a lease, the Notice will tell you that you have either 7 days or 30 days to move out.

Can I be evicted right now in California 2022?

The CA COVID-19 Rent Relief program will continue to help eligible Californians at risk of eviction to apply to receive money for rent and utilities through March 31, 2022. Eviction protections are also through March 31, unless your local city or county has extended protections.

Can a landlord evict you in 3 days in California?

The only legal way to evict a tenant in California is with a Three-Day Notice to Pay Rent or Quit followed by an unlawful detainer hearing. If a landlord improperly serves a tenant with a Three-Day Notice, the tenant can move for dismissal of the case.

How much does it cost to file an eviction in California?

Eviction PricesResidential Uncontested Eviction (does not include $175 sheriff fee)$965 and upLA County Commercial Uncontested Eviction$1,395 and upTrial – 1st hour$350 and upDeed Retrieval$50 and upDeclaration of non for stipulation$250 and up15 more rows

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 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.

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.

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 to do if landlord says you broke rental agreement?

For instance, if your landlord is claiming that you broke your rental agreement by having a pet in your apartment, you’ll need to show the court proof that you didn’t have a pet in the apartment. You might need a witness to testify that you didn’t have a pet, or pictures to show that there was no pet-related damage to the apartment.

Do you have to be a lawyer to file an eviction?

In many states, however, evictions are filed in regular courts, which are governed by various rules and procedures under your state’s tenant laws. If you are appearing in court for eviction or any other lawsuit, you are held to the same standard as a lawyer. In other words, you are responsible for following all procedures, just as if you were a lawyer.

Can a landlord evict you if you don't serve the eviction notice?

Landlords are required to follow certain rules for evicting tenants. For instance, if your landlord doesn’ t properly serve you the eviction notice, the court shouldn’t evict you. If you’re not a lawyer, you’re likely not aware of these rules, and your landlord may get away with wrongfully evicting you. A judge also can’t give you legal advice about how to handle an eviction, so you’re totally on your own if you don’t know what to do in court.

Why do you need a lawyer for your apartment?

Lawyers are also responsible for keeping track of court dates and required documents.

What are the reasons for eviction?

Other reasons for eviction include the following: 1 Violations of the Pet Policy 2 Subletting to Tenants Not on the Lease 3 Property Damage 4 Disrupting Other Tenants 5 Using the Property for Illegal Purposes

Why do landlords evict tenants?

Landlords can evict tenants for a variety of reasons. Most evictions occur because tenants get behind on rent and can’t catch up. Did you know when you fail to pay rent on time, you’re breaking the terms of your lease agreement? Other reasons for eviction include the following: Violations of the Pet Policy.

What is it called when a tenant won't move out after the lease expires?

Sometimes a landlord might start the eviction process if a tenant won’t move out after the expiration of their lease. It’s called a holdover. By the way, if you’re in this situation, an attorney is your best weapon. Holdovers present several challenges to landlords and tenants.

How long do you have to move if you win an eviction?

Even if they win in court, you will usually have at least a few days to move. Even the savviest tenants don’t know the ins and outs of the eviction process. Sometimes landlords don’t serve eviction notices according to law. They may also use incorrect forms.

What to do if landlord discriminates against you?

Also, if the landlord retaliates against you when you’ve exercised your legal right as a tenant, you should pursue legal protection. Hiring a lawyer gives you a better chance of winning your eviction case.

What happens if you get an eviction notice?

When you come home to an eviction notice tacked to your front door, it can knock the wind out of your sails. Who wouldn’t worry about losing their home, not to mention the damage an eviction could cause to your credit rating?

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.

What happens when a sheriff gets a writ?

Once the sheriff obtains writs, they will post a notice to the tenant informing the tenant that they must vacate by a certain date. The final step of the process is for the owner to meet the sheriff at the property with a Locksmith when instructed by the sheriff to do so.

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 much does a real estate lawyer cost?

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.

Do you need a real estate attorney for closing?

Many states require a real estate attorney to handle sale closing documents. For more complex matters such as a real estate deal gone awry or foreclosure, you’ll want to find an attorney who has successfully handled cases like yours. Look for online reviews of real estate lawyers in your area.

Do you need a lawyer to close a home sale?

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. Real estate lawyers also help clients legally protect their rights when entering, exiting or renegotiating a real estate deal.

Author James D. Murtha, Esq

I am a Managing Member at the Murtha Law Firm, LLC, and I am an eviction lawyer in Suffolk County and Nassau County, Long Island, New York. You can call me, right now at (631) 747-0356, and I'll be happy to speak with you for free about the New York eviction process.

Join the discussion One Comment

Thanks for the tip that non-payment is still ground for me to hire an eviction attorney for legal action against a tenant. I’m currently studying up on passive income through home rentals because I’m planning to invest in real estate soon.

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, ...

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.