An Eviction Attorney is a lawyer who offers legal assistance to homeowners faced with eviction from their homes. In more common parlance, an eviction attorney is a lawyer who represents borrowers in legal proceedings with the court. In more specific terms, an eviction lawyer aids clients by preparing legal documents which enable the client to avoid the cost of hiring an attorney. The attorney would be the best person to know more about your rights as well as to give you advice on how to deal with the consequences of an eviction. It is advised to you that if you are faced with eviction, seek the help of an eviction lawyer.
One of the main roles of an eviction attorney is to argue the point in court for the right of the tenant to remain in the property. The decision of the court would decide whether the tenant can stay in the property or not. The court usually grants the tenant an eviction notice, giving him at least three days to leave the premises before a court ordered eviction takes place. In many cases, this eviction is done without a warrant being filed.
The eviction lawyer provides the client with a legal document called the ‘summons’. This summons states that the tenant has to vacate the premises within three days of the issuance of the summons. The tenant may respond to the summons either by sending written answers or by posting a plea to the court. If the tenant replies to the summons, a pre-trial hearing will be arranged. The defendant (landlord) will have to show cause why the tenant should not be prohibited from renting the property.
In some states, the tenant can also send a ‘petition to the court’. A petition to the court is similar to a written answer but it does not go to trial. Instead, the lawyer presents the petition to the court for consideration. A judge may grant the petition if the landlord has not complied with the notice requirements. A tenant evicted from a rental property does not have the right to hire an eviction lawyer, however, if the court rules in favor of the tenant, the landlord will have to pay legal fees.
Some states do allow tenants to recover legal costs awarded to them in the case of eviction. In most instances, the court awards one-time eviction lawyer fees to the tenant. However, the costs may also include other incidental expenses such as court costs, appeal fees, and filing fees. Eviction cases can take months to reach a conclusion.
Landlords should also be wary of hiring an eviction lawyer who prepares the court forms improperly. They should also hire a lawyer who submits the forms according to proper procedure. In some states, landlords must submit bond funds or non-refundable deposits to cover their legal costs. It would be best to discuss these terms with a local property owner lawyer.