A New York eviction lawyer cost can vary widely but will often range from $500 to $5,000. The factors that can affect the cost of New York lawyers can include:
- The type of eviction, which may include:
- Residential
- Commercial
- Rent-controlled
- Market rate
- How complex the case is
- Whether the tenant contests the conviction
- The eviction lawyer’s experience
- The location of the eviction case
The hourly rate for a New York eviction lawyer may range from $150 to $400 or more. If the lawyer charges a flat fee, it may cost between $750 and $2,000 or more.
The specific average costs for different types of convictions include:
- A residential eviction
- Free market: $1,500 in addition to filing fees
- Rent-stabilized or rent-controlled: $2,500 retainer fee in addition to hourly fees
- A commercial eviction: $5,000 retainer fee in addition to hourly fees
Your New York eviction attorney can help you throughout the eviction process and ensure your rights are protected, whether you are a tenant or a landlord.
New York Eviction Laws
Under the eviction laws in New York, landlords are not permitted to use unlawful means to evict a tenant. They must, instead, have a court order.
As of April 2024, New York landlords must comply with the Good Cause Eviction law, which provides limitations on when landlords can evict tenants of some unregulated rental units. The landlord is required to have good cause to evict a tenant.
This law does not apply to rent-controlled and rent-stabilized apartments, public housing, and other exempt properties. A landlord must provide a 30, 60, or 90-day notice, depending on the length of the tenancy, before terminating a lease or going forward with an eviction.
Examples of what may be considered good cause for an eviction include:
- Not paying rent
- A lease violation
- Nuisance
- Substantial property damage
- Illegal use of the unit
- Unreasonable refusal to allow the landlord access
- Withdrawal from the rental market
- Owner occupancy
A New York eviction attorney can advise an individual of the specific laws that apply to their unit and their obligations under those laws.
What Factors Cause Eviction Costs To Vary?
There are many different factors, as noted above, that can cause the cost of an eviction to vary, which may include:
- The type of eviction
- The location
- Case complexity
- The attorney’s experience
- The fee structure used
- Type of eviction
Whether an eviction is a residential eviction or a commercial eviction can impact the overall cost. Typically, a residential eviction is cheaper than a commercial eviction, as commercial leases often have more detailed terms and conditions.
Location matters
The location of the eviction case will have a major impact on the cost of an eviction lawyer. Generally, eviction attorneys in larger cities will charge more than those who practice in rural areas or small towns.
Case complexity
The apparent complexity of the eviction case can have an impact on the cost of legal fees. Simple cases can be resolved quickly, often costing less.
For example, if a tenant has not paid rent and the landlord has followed the proper steps for notice and filing of an eviction, the case may be resolved in a few weeks. If, however, the tenant contests the eviction or there are other issues in the case, it may take longer to resolve and, therefore, be more expensive.
Attorney’s experience
The years of experience and rate of success that an eviction lawyer has can impact the amount of legal fees they charge. Experienced lawyers will be familiar with the requirements and procedures in the area, what strategies are typically successful, and how to resolve any challenges that arise.
Fee structure
The fee structure an eviction lawyer uses will have a significant impact on the overall cost of the case. A lawyer may charge an hourly fee, a flat fee, or a contingency fee. An attorney may also charge a retainer fee and bill against that fee on an hourly basis.
A simple and straightforward eviction may be charged as a flat fee. For more complex cases, an eviction lawyer may charge on an hourly basis.
Potential clients will often have an initial consultation with their potential lawyer, which can allow them to ask about legal fees and what those fees will cover. It is important to be aware that there may be other costs involved in the case, including:
- Court costs
- Filing fees
- Expert witness fees
- Travel costs for attorneys and staff
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What Goes Into Determining an Attorney’s Fee?
When an individual hires a New York eviction attorney, they are typically paying for the lawyer’s time. The majority will charge by the hour, with rates anywhere from $150 to $500 or more, depending on the issues noted above.
In some situations, such as filing eviction notices, the lawyer may charge a flat fee. In addition to the fees changed by the lawyer, the client may also be responsible for other costs of the case, including court filing fees and service of process fees.
A potential client can ask about any costs that will be associated with their case during their legal consultation in New York.
Why Would Attorneys Charge an Hourly Fee?
A New York eviction lawyer may charge an hourly fee because the amount of work, resources, and time that will be needed to resolve an eviction case may vary widely. When the attorney charges an hourly rate, it can help ensure that they are compensated for the time and resources they spend on the case, whether that includes drafting legal documents or representing their client in court.
Which Fee Structure Is Preferable?
The legal fee structure that is preferable will vary depending on the client’s circumstances and budget. When an eviction case is simple, a flat fee arrangement can be more cost-effective.
If the eviction case is complicated or an individual anticipates requiring a significant amount of legal advice and support during the eviction process, an hourly fee arrangement may be more advantageous.
Prior to hiring an eviction attorney, it is important to ask about the fee structure that will be used as well as obtain a clear estimate of the total cost of resolving the eviction case.
There are many attorneys that provide free initial legal consultations, which can allow a potential client to discuss their case, potential costs, and potential outcomes.
Are There Other Costs to an Eviction in New York?
As noted above, there may be other costs associated with an eviction case in New York in addition to the lawyer’s fees, such as:
- Court filing fees
- Service of process fees
- Lost rent
- Damages
Court filing fees
To evict a tenant, a landlord will have to file an eviction case in court, which includes a filing fee. This amount can vary by location, ranging from $50 to $500 or more. This fee must be paid to commence the legal process and have the case heard by a court.
Service of process fees
Once an eviction case is filed, the landlord will need to make sure the tenant is formally notified regarding the pending legal action against them. This is commonly referred to as serving the tenant.
This may be handled by a member of law enforcement or a professional process server. The cost of serving a tenant can range from $50 to $150 or more, depending on the location and requirements.
Lost rent
A major potential cost of an eviction is the loss of rental income when a tenant stops paying their rent. The landlord will not be receiving this amount throughout the eviction process, which may add up to a substantial amount of money.
Damages
In some situations, a tenant may cause damage to the rental property beyond normal wear and tear, such as holes in walls and broken appliances. If this occurs, a landlord may have to spend money making repairs before the unit can be rented to a new tenant.
Although it may be possible to deduct some of the costs from the tenant’s security deposit, it can still be costly for a landlord. It is important to document the damage with photos, as this can help with recovery of repair costs.
Do I Need the Help of a Lawyer for My Eviction Case?
If you are having any type of eviction issue in New York, whether you are a landlord or a tenant, it is essential to consult with a New York landlord tenant lawyer. If you are a landlord, it is important to have legal assistance to ensure you are following the requirements for evictions under New York laws.
If you are a tenant, your New York eviction attorney can ensure the landlord is following the proper legal steps, present any available defenses to the eviction, and make sure your rights are protected throughout the process. Landlords and tenants alike can use LegalMatch to find an eviction attorney in their area who is ready to begin helping them resolve their eviction issue.
You can use the no cost attorney matching services provided by LegalMatch in under half an hour to help you find the legal support you need to navigate the eviction process successfully.
