When is a Lawyer Needed

Question

Anyone who could answer this question, please feel free to chime in. I am in the middle of evicting a tenant for non-payment and also trashing my property. I was told that it is never a good idea to appear in an eviction court case without a lawyer. Is this true? In the unfortunate event of having to go to court to evict a tenant, must one ALWAYS have legal representation or are documents and evidence of damaged property good enough?

Cory J Thornton · Answer

@Ellen Womack - You have received some great advice from this community. Not to beat a dead horse, I think it is worth having an attorney in your corner. They will be sure everything is in order before you go to court and they will keep you in compliance as you check the boxes to regain possession of the property and recoup what you can (if anything) for damages. As a property management company, we keep legal support on retainer and will frequently use them with evictions just to ensure as smooth a recovery of the property as possible.

Every month the property is empty you are losing 8.4% of that year's potential revenue. The goal here is to get possession of your property, and recapture that revenue loss as quickly as possible.

I know this is an unpleasant situation, but now is a really good time to think about how to do some process documentation for future reference and process improvement for next steps. The biggest key to a successful property is tenant screening and placement. BP has some great articles on this subject that are helpful for anyone with rentals, especially if they are self managing.

Best of luck with this situation, I know evictions can be stressful.

Chris Seveney · Answer

@Ellen Womack

In the future you should also consider a property manager to manage your rentals. They would handle this for you as well typically as the good PM’s are very familiar with eviction courts.

Ned Carey · Answer

Not just for this situation, but anytime someone asks “when do I need a lawyer” it is a safe bet they need a lawyer.

Michael Smythe · Answer

Some district court judges are biased AGAINST owners representing themselves.

Melanie Thomas · Answer

Hi Ellen,

When facing an eviction situation, it's crucial to be prepared and understand the potential challenges you may encounter. If a tenant hires an attorney, it is generally advisable to consider seeking legal representation yourself. This helps ensure that you have the necessary expertise and guidance to navigate the legal complexities involved.

If legal representation is not involved, it is still vital to gather strong evidence and have a solid understanding of the local laws governing landlord-tenant relationships. This includes documentation of non-payment or property damage, adherence to proper eviction procedures, and compliance with tenant rights.

The analogy of "bringing a knife to a gunfight" highlights the significance of being adequately prepared and equipped with the appropriate resources and knowledge. Whether through legal representation or extensive research, being well-prepared can help protect your rights as a landlord and increase the likelihood of a favorable outcome. Good luck & happy investing!

Ryan Fox · Answer

@Ellen Womack- Having handled a number of evictions, it is pretty easy for someone to get something wrong in process.  If you haven't done it before, you may make a mistake and then end up hiring an attorney to start the process all over again.  If you really want to learn the process, hire an attorney and ask him / her to send you copies of all documents they file with the court.  Every case is different, and the documents that are filed in one case are not necessarily the documents that are filed in another case, but that may give you some solid background.

If you do hire an attorney, I'd also recommend checking up on the case through the court's website.  A couple months ago, a property manager I was using for one of my rentals filed an eviction and mistakenly dismissed it even though the tenant had not paid up all the missing rent.  By looking on the court's website, I could tell that the case was dismissed and re-filed.  This delayed the eviction process.  My property manager never would have admitted to me they made this mistake.

Ishmael Johnson · Answer

Often times with attorneys, they only notify you about the retainer fee. How can a landlord get an attorney to agree to a set fee for the entire case.

Kim Meredith Hampton · Answer

Ellen,

If this is your first eviction, please hire a professional landlord tenant attorney. There is a lot of paperwork and process that you must get right, if not, you have to start over. Maybe once you know what to do, you could then go it alone.

Richard F. · Answer

Aloha,

In large part, this is dependent on how the LL/Tenant Court operates, and whether or not the LL/PM is named on the Rental Agreement.

For example, here, the Court is more informal, allowing named Tenants and Property Owners to represent themselves. PM's, or properties owned by entities other than individuals are required to use an Attorney. Tenants can utilize Legal Aid or paid Attorneys in either case.

It also is dependent, with regard to evictions, on what the total legal process requires and how detailed it is. You MUST follow the exact procedure for any eviction, including proper service and notification periods, correct language and facts within those notifications. Your existing Rental Agreement needs should be complete, neat, and align with your complaints. Be sure you have a Tenant ledger showing all charges and payments, dates, and manner of payment for their full tenancy or at least the past 12 months or last zero balance, whichever is oldest date.

SD disputes are separate from eviction, but with proper documentation that meets local requirements, are often pretty simple. You present your facts and legit evidence; the Tenant will usually talk themselves right into a judgment if you stand quietly until the Judge asks you a question. Depending on your Court procedures, you might need to request a money judgment in addition to the eviction. This would be different from an actual SD dispute.

If you have zero experience in a Courtroom, I would recommend you visit the LL/Tenant Court and sit in on a couple of sessions to observe and listen.

Bjorn Ahlblad · Answer

@Ellen Womack unless you are super experienced at evictions you better have an experienced attorney handle the process. If do not already have one contact a local LL Association and hire one there.

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