What Factors Cause Eviction Costs to Vary?
Each individual eviction action differs from the next. This is because the facts of each case are unique to the circumstances of the people involved in it. Also, some cities in California have their own municipal eviction laws that may apply in a case. These are among the factors that may cause the cost of an eviction to vary from one place to another.
For example, some tenants prefer not to challenge the eviction, so they do not claim defenses to the eviction or counter-sue the landlord if the landlord files an eviction action against them. If the tenant does not challenge or counter-sue the landlord, the cost of the eviction would be minor compared to the cost if the tenant contests the eviction or counter-sues, especially if the case goes to trial.
A California Ellis Act eviction may cost less than other types of evictions. If the landlord legitimately qualifies to evict their tenants under the Ellis Act, the process is straightforward, and the tenants may be less likely to contest the conviction. This could limit the eviction lawyer’s cost.
Many eviction attorneys would want to be paid an hourly fee, i.e., a certain sum of money for every hour they spend working on the case. Clearly, if the tenant fights the eviction or forces the landlord to defend a counter-suit, the landlord’s lawyer has to spend more time on the case, and the landlord’s bill for attorney’s fees would climb accordingly.
Also, some tenants do move out willingly when they receive a notice to pay or quit. They might simply want to negotiate a move-out date, but they stick to it and leave. Of course, others may refuse to vacate a unit, delay their departure, and cause serious damage to the property before the sheriff arrives to remove them. If a tenant fights an eviction to the bitter end, the landlord’s bill for attorney’s fees goes up.
In general, however, the cost to evict someone ranges from about $500 to more than $5,000. This depends in part on where a person resides. For instance, an eviction in San Francisco is likely to cost much more than an eviction in Barstow.
This partly has to do with the price of rent and legal fees. Attorneys in large cities such as San Francisco are likely to charge higher fees for their services than do attorneys in smaller markets, such as Barstow, which has a population of around 25,000.
Attorney’s fees are affected by the local market for attorney’s services. Attorneys in large cities charge more. Attorneys in large cities may have to charge more, in part because their costs are higher. They pay more in rent for their office and salaries for their employees than attorneys pay in rural areas and small towns.
Attorneys with reputations for excellence in a certain specialty charge more than other attorneys who practice in the same specialty. Attorneys who practice in certain practice areas may charge more than attorneys who practice in other areas.
Some other factors that can affect the cost of an eviction include the following:
- If the tenant raises a defense to the eviction action, e.g., discrimination, retaliation, and the like, the case becomes more complicated and requires more time from the attorney for the landlord;
- If the landlord attempts to effect the eviction themselves rather than getting a writ of execution, which allows the local sheriff to perform the removal of the tenant, the landlord may make mistakes that end up costing them more in the end;
- If the issues in an eviction case are complex, the case may necessitate the production of numerous documents and other evidence, e.g., depositions. This may increase costs and attorney’s fees;
- The court costs that are incurred are part of the bill for any eviction that is filed in court;
- If the tenant demands a jury trial, again, this will involve more legal work and additional court costs, e.g., jury fees;
- If a case requires the parties to hire experts to testify about issues in the case, e.g., deficiencies in the rental unit at issue in the case, this increases costs;
- The cost to serve an eviction, which will be based on the rules enacted in the jurisdiction where the eviction takes place;
- Finally, if the tenant decides to appeal the trial court’s decision; and
- A commercial tenant eviction may also cost more than a residential eviction.
What Goes into Determining an Attorney’s Fee?
Eviction attorney fees are the amount that a client needs to pay an attorney to handle their eviction case. As noted above, the exact amount depends on many factors. The nature of the case, whether it is resolved quickly or requires court appearances, the locale in which the case is fought, and other factors determine an attorney’s fee.
Generally speaking, most eviction attorneys charge either a flat fee or an hourly fee. For example, eviction attorneys who bill their clients using a flat fee arrangement can cost anywhere from $500 to over $10,000 to handle an eviction case from beginning to end.
As noted above, an attorney’s hourly fee depends on market factors. Attorneys in large cities who may have the best reputation for success with cases are likely to charge more per hour than an attorney who works in a rural or small-town market. An attorney with less experience and a limited reputation in their market would probably charge less per hour.
In addition, while it is possible to find a free or low-cost eviction attorney, it is usually challenging to do so. A tenant should spend some time searching for free eviction help in their area. There may be legal aid programs for low-income tenants, non-profit organizations, or local government agencies that may provide guidance or legal assistance for eviction matters at low or no cost. A local California attorney would be able to explain in greater detail.
Why Would Attorneys Charge an Hourly Fee?
An attorney would charge an hourly fee if they believe that a case is not going to be a standard case in which they may control the number of hours they have to put into it. If an attorney thinks that a case would be routine and they could accomplish the task they have in a predictable way, they would charge a flat fee.
But if the case appears to be one that will not proceed in a standard, predictable manner, they are more likely to charge an hourly fee.
An hourly fee simply refers to a type of fee structure that attorneys use to bill their clients. When an attorney informs their client that they will charge an hourly fee, it means that the client will have to pay the attorney a certain amount of money for each hour that the attorney puts into their case.
For example, if an attorney charges an hourly fee of $75 per hour, then the client pays $75 times the number of hours that the attorney worked on their matter. The attorney usually bills the client monthly.
Again, the hourly fee that an attorney charges a client per hour varies based on the market in which the attorney works.
Additionally, attorneys who bill by the hour may require their clients to pay a retainer fee upfront to cover some initial costs and to retain their services. Once the retainer funds are expended, the attorney starts charging an hourly fee.
There are other reasons why an attorney would charge by the hour. For instance, some large and midsize law firms may have policies that prohibit the use of a flat fee structure. One possible reason why a law firm would prohibit such a structure is because it is a better business decision from their perspective. In other words, charging by the hour results in higher profits.
On the other hand, smaller law firms and solo practitioners might normally charge flat fees but may switch to an hourly fee if they think the case will take more than a routine amount of time. Again, this is another decision dictated by business practices and revenue.
For instance, a solo practitioner or small law firm may reason that if a single case consumes a lot of their time, they are going to lose the chance to profit from handling multiple cases. Thus, they need to compensate by charging an hourly fee.
Which Fee Structure Is Preferable?
Every fee structure comes with its own set of pros and cons. Thus, it really depends on a party’s financial situation and the complexity of their case. For instance, being charged a flat fee to have an attorney work on a straightforward matter or an uncontested eviction action may result in a higher cost than if the attorney had billed at an hourly rate.
On the other hand, in a complex or contested eviction action, the total amount of hours that a lawyer works on the case can result in a rate that is much higher than what the client would have paid with a flat fee.
Again, the answer to which fee structure is preferable always depends on the circumstances. A client wants to think about the attorney, whether they have confidence in them, whether they are comfortable working with them, and other factors. While cost is important, the relationship between an attorney and their client is not all about fees only.
Are There Other Costs to an Eviction?
There are other costs associated with an eviction. Some have been noted above. There are costs other than attorney’s fees, and they may include the following:
- Court costs, such as mandatory filing fees;
- Damage to the property (e.g., cost of lost rent, actual property damage, and/or repairs);
- Litigation expenses like the fees to hire an expert witness or to conduct a deposition;
- Monetary and punitive damages for violating the law, e.g., if a landlord did not follow the proper procedures to evict a tenant;
- The cost of finding a new tenant to replace the former one; and
- If one is a tenant, there is the cost to search for and move into a new place.
Do I Need the Help of a Lawyer for My Eviction Case?
The eviction process generally involves some special legal processes. In order to reduce the amount of pressure and/or challenges that an eviction action can pose, you should consider hiring a local California landlord tenant lawyer for further legal guidance.
An experienced landlord-tenant lawyer will already be familiar with the eviction laws in the city in which you live. Thus, your lawyer will be able to explain how the laws may affect the outcome of your case and what your options and rights are under the rules in your area. This is true whether you are a tenant or the landlord in an eviction action. In either case, a landlord-tenant lawyer can best protect your interests.
