Get legal advice when facing eviction
Whether expected or not, getting an eviction notice can be a scary and stressful experience. Know that renters have rights, and you can’t be kicked out overnight. LegalShield is here to help.
Working with a tenant lawyer can help stop eviction
While laws vary from state to state, every state has laws which protect renters from unlawful eviction. For example, if the eviction notice you received does not give you the legally required amount of time to respond, your landlord can’t evict you. A lawyer can help you understand and exercise all of your renter rights.
A legal plan from LegalShield lets you pick up the phone and speak to a lawyer familiar with laws in your state. In addition, have a lawyer write a letter or make a call on your behalf for no additional charge.
Once your membership is processed, connect with a provider lawyer.
Facing an eviction
While many landlords start with standard lease forms, tenant law varies from state to state and modifications to terms and conditions that favor landlords are common. As such, it’s important that you read the lease carefully to make sure you understand the terms and conditions you’ll be agreeing to.
- How long is the term of the lease and what are the renewal options?
- How much is the monthly rental payment and security deposit?
- Who is responsible for paying property taxes and utilities?
- Is parking included?
- What are the rules regarding pets, noise, roommates, etc.?
If you’ve read the lease and you have legal questions you’d like answered before you feel 100% comfortable signing on the dotted line, speak with a tenant lawyer.
Determine if the eviction notice is legal
Eviction notices can be with or without cause. Failure to pay rent is an example of an eviction for cause. In either case, the landlord must follow state law and the lease agreement or the eviction may be deemed improper and thrown out by a judge.
- Is the cause stated in the eviction notice legitimate?
- Has your landlord violated the terms and conditions of your lease?
- Did your landlord provide proper notification and sufficient time to respond as required by the Landlord and Tenant Act in your state?
- Do you have any generally accepted legal defenses you can raise?
If you believe that the eviction notice is unlawful or you have a strong defense (such as the landlord failing to provide a safe living environment), you should contact a lawyer immediately.
Try to resolve the eviction with your landlord before it goes to court
Here are some examples of how to negotiate a resolution with your landlord to avoid going to court.
- If your rent is late and you can’t pay in full at this time, you can ask if your landlord is open to a payment plan.
- If you’ve caused property damage, you can apologize and repair it on your own to show good faith.
If your landlord claims you have broken other terms of the lease (such has having pets or subletting in violation of the lease), you can reach out to the landlord and discuss your plans for remedying the situation. - If you believe your landlord has violated the lease or a state law, you can try to discuss the situation in a calm manner and propose a resolution that works for both parties.
- If you’re unable to resolve the situation on your own, having a lawyer write a letter or make a call on your behalf can save both parties the extra time, stress and expense associated with going to court.
When you have a personal plan from LegalShield, your lawyer can provide unlimited consultation and advice so you're ready to handle the next steps.
Maintain records of all lease documents and communication with your landlord
While everyone wants to avoid a long, drawn out eviction process, it’s important that you keep record, should you end up in front of a judge.
- Have a copy of your signed lease handy.
- Start a log, with dates, of all communication between you and your landlord.
- Save a copy of all electronic communication with your landlord (emails, voicemails, texts, etc.).
- Keep all written notices and documents you receive about the eviction.
- Save any receipts or other documents related to third parties (such as receipts for repairs you made).
If you’re overwhelmed by the eviction process in general, become a LegalShield member. A provider lawyer can give you advice.
Renter eviction checklist
Facing an eviction alone can be scary. We’ve created this free guide to handling the situation legally. Get your free download.
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Frequently Asked Questions
A lawyer can help give guidance and help clients understand their rights and obligations. From advice to helping negotiate fair agreements, from resolving disputes to advocating in court, lawyers can help minimize the emotional and financial stress associated with landlord-tenant disputes.
Generally speaking, it’s a good idea to get legal advice on any renter's legal issue to ensure that your rights, and those of your loved ones, are protected.
Instead of paying a lawyer by the hour, you pay a small membership fee for access to a provider law firm in your state for the legal services membership you select. Prices and coverage vary depending on the membership services you select.
Hiring lawyers the usual way can cost hundreds per hour. But with LegalShield you pay a recurring fee and get access to experienced lawyers who can help with any number of renters issues.
Membership applications are reviewed within 72 hours. Once approved, you can contact your lawyer and to start using some perks of your membership.
For over 50 years, LegalShield has made it affordable and easy for its members to connect with its network of vetted, dedicated law firms across the United States and parts of Canada. Lawyers average 22 years of experience. Please note that LegalShield provides access to legal services offered by a network of provider law firms to its members.