Eviction is a complex and stressful process, especially for tenants. It can be difficult to know your rights and how to navigate the legal system. Without a lawyer, tenants are often at a disadvantage.
Hiring a real estate lawyer during eviction can be a lifesaver. A good lawyer can help you understand your rights, negotiate with your landlord, and represent you in court.
In this post, we’ll explore the top 5 reasons why tenants should hire a real estate lawyer during eviction.
1. Expertise in Local Laws and Regulations
Landlord-tenant law is complex and varies from state to state. Real estate lawyers understand these laws in their state, including the rights and responsibilities of both landlords and tenants. This knowledge can be invaluable to tenants facing eviction.
For instance, our landlord may try to evict you without giving you the proper amount of notice. The amount of notice that a landlord must give varies between states. A real estate lawyer can tell you how much notice your landlord must give you and can help you fight the eviction if your landlord hasn’t given you enough time.
2. Lawyers Can Negotiate With the Landlord on the Tenant’s Behalf
Landlords are often willing to negotiate with tenants facing eviction, especially if the tenant has a valid defense or if the landlord is trying to avoid the hassle and expense of going to court. A real estate lawyer can help the tenant negotiate a fair settlement agreement that benefits both parties.
For example, If the tenant is being evicted for nonpayment of rent, the lawyer may be able to negotiate a payment plan with the landlord. This would allow the tenant to stay in their home while they pay off the back rent.
3. Real Estate Lawyers Can Represent the Tenant in Court
If the tenant’s eviction case goes to court, a real estate lawyer can represent them and advocate for their rights. This is especially important if the tenant has a complex case or faces a landlord whom a lawyer represents.
The landlord may have failed to follow the proper legal procedures, or the tenant may have been discriminated against. A real estate lawyer can present the tenant’s defense in court and argue for the case to be dismissed.
4. Lawyers Can Help Tenants Avoid a Negative Eviction Record
An eviction on a tenant’s record can make it difficult to find housing in the future. Landlords often check tenants’ rental histories before renting, and an eviction record can be a red flag. A real estate lawyer can help the tenant avoid a negative eviction record by:
- Getting the eviction dismissed
- Negotiating a settlement agreement
- Filing a petition to seal or expunge the eviction record
5. Real Estate Lawyers Provide Peace of Mind During a Stressful Time
Facing eviction is a very stressful experience. Tenants may worry about losing their homes, finding a new living place, and affording the move. A real estate lawyer can provide peace of mind during this stressful time by:
- Explaining the law and the tenant’s rights to help the tenant feel more in control of the situation and reduce their stress levels.
- Advocating for the tenant in court to help them feel less alone and more confident in the outcome of their case.
- Negotiating with the landlord on the tenant’s behalf.
- Providing support and guidance.
The sooner you contact a lawyer, the better your chances of avoiding a negative eviction record. Tell your lawyer the truth about your situation so that they can help you develop the best strategy. If you need help dealing with unfair eviction, contact Law Office of Craig A. Fine experienced real estate lawyers assists in broad spectrum of real estate transactions throughout NY, NJ & FL. We know the law and can help you protect your rights.