Introduction to Attorney Eviction

An attorney eviction is a legal procedure assisted by the presence of an attorney in which a landlord can remove a tenant and regain the possession of a leased property. It usually starts with the landlord filing an eviction lawsuit and for an eviction to be effective, the landlord must win the lawsuit. In the legal system, a network of policies involving the state law, local law, lease contracts, federal law, the common law as well as the court rules governing eviction and the attorney representing the landlord will have to be well-familiarised with these laws.

Reasons for Attorney Eviction

There are many reasons why landlords may want to legally evict their tenants through attorney eviction. The most common reason is that the tenants are not fulfilling their duty of paying rent. It can also be the annoying basis that the tenants are consistently late in their rental payments. Another reason for attorney eviction is the violation of the lease agreements. For example, it may be stated clearly in a lease agreement that a maximum of two occupants are allowed in the premises of the rental property. If the landlord checks on the rented property and find more than two occupants there, he will have the right to seek an attorney eviction. However, if the tenants are simply having a gathering for friends who decide to stay around into the wee hours of the night, this is not a valid reason for an attorney eviction. One other reason for attorney eviction is the fact that the lease agreement has expired. The landlord is not obliged to let the same tenants renew their rental lease and the landlord needs not provide any explanation for not renewing an expired lease agreement.

The Process of Attorney Eviction

First, a hired attorney will assist the landlord in serving termination notices (3-day, 30, 60 and 90-day notices) to the tenant. The attorney will also advise the landlord if the reasons raised for an attorney eviction is valid in the legal system. If the tenant chooses to ignore these notices, this attorney eviction will become an uncontested case. This is to say that the court will rule in favor of the landlord and a 5-day notice to vacate the rented property will be served. However, some tenants may choose to contest an attorney eviction and both parties will be required to make their court appearances. The attorney will then represent the landlord in court.

The Advantages of Hiring an Attorney to Handle Attorney Eviction

Usually, eviction can be painful, time-consuming and complicated for all the parties involved. Attorney eviction cannot be possible without hiring an attorney. Some landlords opt to hire a paralegal to represent them in such cases – That involves many risks because the paralegal may not be well-equipped with the necessary legal knowledge. Sometimes, landlords may use an ordinary representative with no legal knowledge about eviction or even represent themselves! This will significantly reduce the chances of winning the lawsuit. As there are many complicated issues in the process of attorney eviction, hiring a reliable attorney with a good track record will certainly ensure a successful attorney eviction.

Choosing the Right Attorney

How do you choose the right professional for an attorney eviction? First, look out for more services provided at a reasonable rate. Many attorneys charge ridiculous rates for their work but it is still possible to find an attorney who charges a flat rate for an attorney eviction. This fee should include all attorney time including court appearances, provision of legal advice and preparation of all the necessary court paperwork. You should also choose an attorney who is quick to respond to your enquiries as well as being supportive for his role in this attorney eviction.