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Evictions and Unlawful Detainers
Evictions, known as “unlawful detainers” in some locations, serve the purpose of removing a tenant or tenants from a rented space. A landlord will pursue this action only after a tenant materially breaches a rental agreement, both parties can't reach an agreement, and the tenant refuses to vacate the property. During an eviction or unlawful detainer the landlord will file a series of notices and complaints with the court in order to legally notify the tenant of the pending eviction, and to provide them with the opportunities to cure the issues, or vacate the premises.
Eviction lawyers represent either the landlord/property owner, or the tenant during the eviction process. Landlords typically like to hire eviction lawyers because they help ensure the specific eviction requirements, such as notice and court filings, are properly provided and filed. This is important because a slight misstep in timing can unravel the entire eviction.
Tenants may wish to hire eviction lawyers because through a lawyer a tenant's rights can best be represented. In some cases landlords abuse their authority and attempt to take advantage of their tenants using the court system. Eviction lawyers can guarantee their client's rights are fully represented.
When to Hire an Eviction Lawyer
If you're a tenant the best time to hire an eviction lawyer is right after you believe your landlord has either abused his or her power, or is in material breach of your lease agreement. For example, if you have lived in your unit for over a year and your landlord attempts to evict you because he believes he can rent your unit for more money, you may have the legal right to stay in your unit despite you landlord's intentions.
If you're a landlord you should speak with an eviction lawyer as soon as your tenant breaches his or her lease agreement. In many cases the breach will manifest as a failure to pay rent. An eviction lawyer can help you post proper notice, file court documents, and get your tenant out of your unit so it can be rented to someone else.