If you must evict a tenant or think you have a tenant worth evicting, it can be beneficial to consult a lawyer before beginning proceedings against them. Below, explore whether you need a lawyer to evict a tenant.
Do I Need an Attorney for Eviction?
Having a lawyer can let you navigate the eviction process effectively. They’ll help you adhere to established processes and ensure you respect tenants’ rights. While you don’t necessarily need one, this legal professional may assist with achieving these benefits:
- Timely delivery of eviction notices
- Accurate and complete legal paperwork and filings
- Creation of potential defenses
- Increased likelihood of a positive outcome
What If I Don't Get a Lawyer?
If you decide to handle the eviction without legal help, be prepared to conduct your own research to ensure you comply with federal, state, and local laws.
When Is a Lawyer Recommended?
Here are some situations when hiring a lawyer is recommended:
- If the eviction involves complex legal issues. For example, suppose a tenant doesn’t pay rent because of mitigating circumstances. If they didn’t pay rent because they claim you didn’t address a repair in time, a lawyer can evaluate the situation and determine the best defense.
- If the tenant hires a lawyer. It’s important for you and the tenant to have equal representation to create a level playing field in the courtroom and participate in negotiations and court proceedings effectively.
- If the tenant raises legal challenges or defenses. Suppose a tenant tries to argue you participated in retaliatory conduct when they exercised their rights. A lawyer can ensure you have a strong legal defense to protect yourself from getting into trouble.
- If the tenant files for bankruptcy during the eviction process. A tenant filing for bankruptcy protection may complicate the eviction process. Landlords must adhere to the automatic stay provisions of the bankruptcy code (11 US Code § 362), meaning that they must temporarily stop eviction proceedings against the tenant. A lawyer can help navigate these intricacies.
- If either party appeals the court’s decision. If you or the tenant disagree with the lawsuit’s outcome, either party can appeal. However, appeals involve complex legal procedures and demand parties to adhere to strict timelines.
- If you own multiple rental units or properties. Managing multiple properties can increase the likelihood of having disputes and legal issues with tenants. An attorney can offer ongoing legal support and ensure consistency in handling evictions across your properties.
- If you aren’t familiar with the local laws and procedures. Eviction laws and procedures vary greatly by jurisdiction, but an experienced lawyer can provide guidance specific to your area. Having them ensure your adherence to legal requirements can prevent delays or legal complications.
What Do I Need to Do to Evict a Tenant?
Evicting a tenant requires attention to detail and involves a stringent process to ensure you respect their rights. Review these steps to determine if you’ll need a lawyer’s assistance to complete the process:
Step 1 – Determine the Reason for Eviction
Decide if the eviction is due to noncompliance with the lease, nonpayment of rent, illegal activity, or another reason. Please note that these aren’t the only reasons to initiate an eviction. Talk with a lawyer or review your state’s eviction laws to determine if your reason is legally valid.
Step 2 – Create and Issue a Written Notice
Once you’re confident your reason is legally valid, create a written notice to the tenant. Include all relevant details, such as the reason for the eviction and whether it’s curable. Depending on the laws in your area, you may provide a certain timeframe, such as three days, five days, seven days, ten days, 14 days, or 60 days.
The tenant may abide by the notice and leave on their own. However, if they refuse, you can proceed to the next step.
Step 3 – Initiate a Lawsuit
If the tenant doesn’t respond to the eviction notice, you must initiate a lawsuit. Please don’t remove their belongings and repossess the property on your own, as these actions constitute an illegal self-help eviction.
Instead, file an eviction case with the appropriate court in your area. Depending on where you live, you may file your lawsuit through a small claims court. Some jurisdictions let you file an unlawful detainer to evict a tenant. The ultimate goal should be to obtain a court order demanding the tenant to leave the premises.
What Happens If the Tenant Refuses to Leave After Receiving a Court Order?
Even if an attorney helps you obtain a court order through a lawsuit, a tenant may still refuse to leave the property. In this case, you must recruit the help of law enforcement. Simply give a copy of the order to a law enforcement officer.
This professional will set a date for the tenant to leave the property. If the tenant still hasn’t left by that date, the officer will allow them a short period (often no more than one hour) to gather their belongings. Then, they will force them to leave.
The Bottom Line
While it’s possible to evict a tenant without a lawyer’s help, it’s still wise to hire one. This way, you can seek the counsel of an experienced professional in complicated eviction cases and improve your chances of a favorable outcome.