Do You Need A Lawyer To Evict A Tenant?

Law Blog

After you have become a landlord and have taken on several tenants, the last thing you want to do is to begin the process of evicting one of your tenants. You would rather that they comply with the terms of the lease and pay rent on time. However, if it becomes necessary to evict your tenant, you will likely need a landlord legal representative to help you.

Eviction Complications

Evicting a tenant can be very devastating for the individual and this can lead to a judge being reluctant to evict a tenant. The tenant will be forcibly removed from the property, will possibly end up homeless, and will have an eviction that will remain on their record and make it more difficult to rent a different apartment.

There are several complications that can affect your ability to evict a tenant. For example, the tenant might hire their own lawyer. This type of tenant will be more likely to successfully slow down or stop the eviction process and you may need a lawyer to help you. For example, they might argue that the eviction is due to discrimination or retaliation. Under these circumstances, you will often need to hire expert witnesses who can testify on your behalf.

Evicting Tenants Who Have Special Protections

You may also have a difficult time evicting a tenant if the tenant is involved in a state-sponsored housing program or if they are filing for bankruptcy. In these cases, an eviction can be very complicated and you will need to file a lot of paperwork. Also, your tenant might wish to go to trial and might request a jury trial, which will require a lot more work and you may need a lawyer to represent you in court.

Evicting a Tenant On Your Own

You will never want to perform an eviction yourself. For example, you shouldn't simply order the tenant to leave your property or try to forcibly remove them. If you do something like this, your tenant might take legal action against you and you will need help from a legal representative.

Each jurisdiction has different laws regarding how a landlord is allowed to evict a tenant. Therefore, you will want to consult with an eviction lawyer who is licensed to practice in your jurisdiction. Even if you lose your case, a lawyer will be able to help you make the right decisions after you have lost your case and will also help you file an appeal.

Contact a law firm in your area, such as Moss & Tapia Law LLC, for more information. 


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