Eviction process, do I need to use a lawyer?

Question

I have a tenant that is constantly late with rent and he is behind again. What is the process to start an eviction?

I have read people getting a lawyers, others going to small court claims and others just going to the sheriffs office?

Any suggestions or insights?

Thank you

Michael Noto · Answer

@Roberto Hernandez Do you own the property in a LLC? I know here in CT if you do a lawyer has to represent you in the eviction. Check your local and state laws.

Quincy Lockett · Answer

@Roberto Hernandez

I do my own evictions. They are not difficult as long as you research the process for your county. You’re already losing months of rent and you’re capable. I’ve had no problems evicting pro se.

Karl Hadley · Answer

@Roberto Hernandez - You also need to check with your local court for their rules, some courts require that an attorney represents the landlord in eviction cases & in others the rules are more relaxed and the owner can represent themselves.

Frank Wong · Answer

For me, I go with an attorney.  I don't have the time to do it myself and I also want to make sure it's done correctly.  I don't want the tenant to extend the proceedings because I made a mistake in the process.  Attornies who specialize in this do it for a flat fee.  They do everything for you and file all paperwork and show up in court on your behalf.  This is my attorney for TX.

Marc Winter · Answer

This is apparently your very first eviction.  Congratulations, and welcome to the real world.

I would advise you to hire an attorney--do a 'flat fee' deal.  Go with them through every stage, from having notice prepared and posted, to filing for the court hearing, to being in the courtroom when they appear in front of the judge/magistrate (whatever they call the authority in your state).

Ask the attorney or their assistant about any documents/procedures you don't understand.  (NOTE:  only ask your questions AFTER several readings of your state's Landlord Tenant laws).

Use this attorney for your next closing as a thank you for your education.

David Avetisyan · Answer

I am not sure what the eviction process in your county and whether your in landlord friendly state.

Spend some time eduction yourself on  how unlawful detainers work in your local market.

You will want to - as said above - serve a notice to ‘pay or quit’ and make sure it’s filled out and delivered correctly. I would highly suggest seeking legal help for a flat rate fee because if you chance it, your case can be tossed in court for technicalities and you will have to start over.

To your success!

Pat L. · Answer

For us up here any property held in an LLC requires an attorney for a court ordered eviction, but we use our attorney regardless as his fee(s) are worth me not wasting my time. Plus he usually gets a better judgement for arrears etc that we just send to collections regardless of the chance of collecting. If the tenant decides NOT to leave then we go to through the Sheriff BUT in 35 years we've only had one.

Tim Herman · Answer

@Roberto Hernandez google Legal eviction process in Iowa. First step is a 3 day notice to pay. You should have done this the first time he was late. Post on his door and take pictures with your phone. Good luck