Search thousands of topics on CostHelper

BROWSE ALL TOPICS >> babies & children  cars  consumer electronics health & personal care home & garden personal finance  pets  schools small business sports weddings
CostHelper > Personal Finance  > Real Estate > Fighting Eviction

Fighting Eviction Cost


How Much Does Fighting Eviction Cost?

 
low costLow: Legal Resources like Legal Aid Available for Free or Low-Costaverage costMedium: Hiring an Attorney Can Start At $300-$600
post Post   Comments (1)  

Also called an unlawful detainer lawsuit, an eviction is the legal process by which a landlord can remove a tenant from rented property. If the tenant chooses to fight eviction, the case goes to court.

Typical costs:

  • If you need legal assistance and can't afford an attorney, often Legal Aid or other agencies can provide free or low-cost help. The American Bar Association lists legal resources[1] for each state. You can also contact your local consumer affairs/fair housing department for guidance in fighting the eviction and for specific information on the laws and procedures in your area.
  • A private attorney will charge $100-$400 (or more) an hour for fighting an eviction order. Legal fees for responding to your landlord's unlawful detainer (eviction) lawsuit and appearing with you at a hearing start around $300-$600 and go up depending on how much legal assistance is needed.
  • Some lawyers may take an eviction case on a contingency basis -- if you lose you owe no legal fees, and if you win your attorney collects legal fees from the landlord. Check your lease for an "attorney's fee" clause allowing the winning party to recover legal fees from the losing party in a dispute.
Related articles: Eviction, Landlord-Tenant Dispute, Real Estate Contract Review

What should be included:
  • Both tenants and landlords have rights and obligations, which may be part of an oral contract or spelled out in a rental agreement or lease. Study your lease/rental agreement so you're aware of all of its terms and clauses. Nolo Press explains what tenants need to know about evictions.
  • Generally, residential eviction laws are written to ensure that tenants receive adequate notice and an opportunity to respond before being put out of their homes. Each state has its own specific eviction procedures that must be precisely followed. Any mistakes may invalidate the eviction process (forcing the landlord to start back at the beginning of the eviction process). The US Department of Housing and Urban Development lists tenant rights[2] in each state.
  • A landlord cannot legally evict you without a court order, and if you want to fight the eviction you have the right to be heard in court. If you do go to court, bring all the court papers with you along with copies of your lease/rental agreement, photos of your apartment/house, rent receipts and any letters you received from your landlord. If you owe your landlord money, bring any money that you have available with you to court in hopes of settling with your landlord.
  • An eviction can be fought on the grounds of improper notice (if the landlord did not precisely follow the eviction requirements in your state), acceptance of a partial rent payment or failure to properly maintain the premises or unlawful discrimination, or because the landlord is evicting the tenant in retaliation[3] for requests for repair or reported code violations. FindLaw.com provides a brief overview of possible defenses against eviction.
  • Only law enforcement officers can physically evict a tenant from a rental property and in most states it's a crime for landlords to attempt to forcibly remove a tenant by themselves, or to change the locks, remove a tenant's belongings or turn off the utilities. If your landlord tries any of these actions, contact local authorities.
Additional costs:
  • If you are legally evicted, that fact will appear on your credit report, and can make it difficult to rent or lease an apartment in the future.
Shopping for fighting eviction:
  • When meeting with a private attorney or legal aid lawyer, bring all court documents related to the eviction plus a copy of your lease/rental agreement, photos of your apartment/house, rent receipts and any letters you received from your landlord. If hiring a private lawyer, ask about their training and experience. Lawyers.com explains how to find a tenant's lawyer[4] .
  • Referrals to attorneys specializing in landlord-tenant law are available through Lawyers.com[5] and FindLaw.com[6] .
  • Your attorney should provide you with a written fee agreement; be sure you understand what is included and any additional costs (court fees, clerical work) you might have to pay.
post Post   Comments (1)  
CostHelper News


7 Ways to Stretch Your Reduced Food Budget
End of the year budgets are tight for everyone, especially in this economy.It's especially hard for the millions of Americans who depend on government programs like food stamps to help make ends meet. || Posted November 11 2013


Fix-it Favorites: Duct Tape and WD-40
My mother taught me that all home fixit-projects can be accomplished with either duct tape or WD-40. If something shouldn't move and it does, use duct tape. If something should move and it doesn't, use WD-40. || Posted September 30 2013

‣ All CostHelper Blog Posts


What People Are Paying - Recent Comments
Fighting evection
Amount: $28,000.00 total
Posted by: Sunday in Palmdale, CA.Posted: March 14th, 2018 05:03PM
Law Firm: Charles AgegeFee Per Hour: 495.00
I paid a flat fee of 2500 plus I have to pay all court fee as they occur
Was this post helpful to you?   yes     no Report prohibited or spam


 

Comment On Your Experience With Fighting Eviction
 
Subject:  *
Amount Spent:  * total
Law Firm: Fee Per Hour: 
Comments: 
Purchased:  Year: 
City:  * State:  *
 
Information about you:
Email:  * Email addresses are not displayed.
Name:  This is the name we'll display with your post.
me on this computer
*=required field.
 



External Resources:
  1.  apps.americanbar.org/legalservices/findlegalhelp/home.cfm
  2.  www.hud.gov/consumer/local.cfm
  3.  realestate.findlaw.com/landlord-tenant-law/what-kinds-of-conduct-by-the-landlord-d...
  4.  real-estate.lawyers.com/landlord-tenant-law/Finding-Legal-Help-As-A-Tenant.html
  5.  www.lawyers.com/landlord-and-tenant-law/find-law-firms-by-location/
  6.  lawyers.findlaw.com/lawyer/practice/Landlord_Tenant
More Personal Finance Topics
Check Out All Costs for Personal Finance How Much Does Closing a Home Cost? How Much Does a Traffic Ticket Attorney Cost? How Much Do Funeral Flowers Cost?

Search Thousands of Topics on CostHelper.com

 
Today's Featured Cost Articles

About CostHelper
CostHelper is based in Silicon Valley and provides consumers with unbiased price information about thousands of goods and services. Our writers are experienced journalists who adhere to our strict editorial ethics policy.

CostHelper Community
Low cost baby shower
Paid: 600.00
I spent about $200 on food/snacks/simple decor- where I served Packaged desserts (due to covid) and deli sandwiches, bbq chicken and Bread/cheese/fruit... [more]
-Mommy to be
Baby Shower Cost
TSLIM Insulin Pump
Paid: 1131.20
I have Federal Blue Cross, the most expensive Self Plan. The insurance company paid $5,584.20 for the TSLIM, and I paid $1,131.20 out of pocket. Medtronic Insulin pump was quoted at the same price... [more]
-Read by EOB
Insulin Pump Cost
Prescription Eye Glasses
Paid: 380.00
Eye exam was less than $60. Frames alone were about $118. Extra-wide progrssive lenses an additional $80. Polycarbonate thin lens with blue light filter, UV protection, anti-glare, 1-year warranty on frames & lenses... [more]
-Lady 70
Eyeglasses Cost
About the free dog food
Paid: 100.00
I'm a 70 year old retired senior citizen I have two dogs Lily is Irish Terrier weighs about 15 lb very good dog Jade is a blue nose pitbull and she's 5 months old and weighs about 55 lb cost me $100 or better a month to feed them I like to ... [more]
-Robert moneyhan
Dog Food Cost
DIY Front End
Paid: 965.00
Front: 2xCV axel, 2xball joints, 2x Sway bar end links,sway bar bushings, 2xrotors, 2x brake pads. $500Rear: brake pads. $35New Tools (yay!):3 ton floor jack, 20v impact wrench, 2x Jack stands, tube lock-tite, can of pb blaster. $430.$965... [more]
-Mr. Gillis
Car Suspension Cost
Fujitsu split single unit
Paid: 3400.00
I was charged 3400 which include electrical work. The contractor was referred to me by a neighbor. I asked about a rebate and was informed the cost included any rebate money and he (the contractor) would take care of it... [more]
-A wary lake resident
Ductless Air Conditioner Cost