The cost of an eviction lawyer in Texas varies greatly, especially when it comes to eviction. This is because a variety of factors affect the fees of lawyers who handle evictions in Texas.
There are three basic fee structures that are used by lawyers. They are the contingency fee, the flat fee, and the hourly fee. In a legal consultation in Texas, an individual would be able to get more information about attorney’s fees in that state.
For most cases, lawyers charge an hourly fee. They charge by the hour for the time they spend working on a client’s case, e.g., $125 per hour. They keep detailed records of the time they spend on a case and the work they performed in that period of time. They then issue a monthly bill for the total fee owed for a month’s work.
In personal injury cases, such as medical malpractice cases, lawyers charge a contingency fee. A contingency fee is a fee that represents a percentage of the amount of money the lawyer wins for the client in their case. If the lawyer succeeds in winning an award of money for their client, they are paid their percentage. If the lawyer is not successful and wins no award, then the lawyer is not paid anything.
A third common way of billing is the flat fee. In a flat fee arrangement, the lawyer specifies a total amount that the client has to pay the lawyer to achieve some legal goal. For example, a lawyer might offer to complete the eviction of a residential tenant for a client and to handle all work that needs to be done until the case is concluded for $2500.
Flat fees are usually charged in cases in which the lawyer can reliably predict how much time they would have to put into the case from beginning to end and what they would need to do. Because they can predict this, they can tell the client the total cost, i.e., the flat fee, that the client must pay to handle the case to its end.
Texas landlord-tenant lawyers are likely to charge flat or hourly fees for eviction services. Lawyers in the largest cities, such as Dallas, and more affluent areas are likely to charge more than lawyers in small towns and rural areas.
What Are Texas Eviction Laws?
Eviction proceedings do not mean that a tenant will immediately be removed from their home or that a business will be removed promptly from its commercial site. There are several steps in the eviction process. Each one takes a certain amount of time. Until a writ of possession is issued, the tenant can remain in their home or business premises.
- Written Notice to Vacate: Unless a lease agreement provides for a different notice period, a landlord must give their tenant no less than 3 days to leave a rental unit. The landlord cannot file an eviction lawsuit before they have given the tenant this notice in writing.
The federal CARES Act requires that a landlord give a tenant notice of at least 30 days in some evictions. If the property participates in certain federal programs or the property owner has a federally-backed mortgage, then the landlord must give notice of at least 30 days. Other types of notice are available to landlords also.
- Filing of Eviction Lawsuit: If the tenant does not vacate the rental premises in response to the notice to vacate, the landlord may file a petition for eviction in the Texas justice court of the county in which the property is located. A trial of the claims in the lawsuit takes place no sooner than 10 days after the lawsuit is filed.
- Trial: If a tenant files an answer to the eviction complaint and challenges the grounds for the eviction, there must be a trial of the issues.
- Judgment: After the trial, a judge or a jury renders a judgment for one of the parties. After the judgment has been issued, there should be a 5-day pause in the legal action. In this period, the losing party may appeal the judgment if they are not satisfied with it.
- Appeal: This step is optional and does not happen in all cases. If the tenant appeals, the hearing of the appeal happens more than 8 days after it has been filed.
- Writ of Possession: If the final judgment is in the landlord’s favor, the landlord may request issuance of a writ of possession. Before executing the writ and evicting the tenant, law enforcement is required to post a notice of the coming eviction at least 24 hours before they do it. After expiration of the notice period, law enforcement may remove the tenant and their belongings from the unit.
Eviction laws in Texas also recognize illegal evictions. For example, it is illegal for landlords in Texas to evict a tenant because of their race, gender or other protected characteristics. It is illegal for a landlord to evict a tenant because they have requested maintenance or complained about conditions in their unit. If a landlord does not follow the correct legal procedure for effecting an eviction, it may be illegal.
A tenant who has been illegally evicted may be able to get a writ of reentry from a justice court in Texas so they can return to their residence. In addition, the landlord could be liable for one month’s rent plus $1000, actual damages, court costs, and attorney’s fees.
A lawyer might take a case for illegal eviction on a contingency fee basis, but Texas law greatly limits the damages that an illegally evicted tenant may recover. This could make it more difficult to find a lawyer to take the case on a contingency basis.
What Factors Cause Eviction Costs To Vary?
As noted above, the location in which a lawyer practices is a big factor that causes eviction costs to vary. The nature of the case is another factor in eviction lawyer cost. If an eviction is a routine eviction of residential tenants for non-payment of rent, a lawyer is likely to charge a flat fee.
If the eviction involves commercial property and the reasons for the eviction are unusual, the lawyer may charge an hourly fee. In this case, the total cost of the eviction might be higher.
Yet another approach that lawyers in Texas take to evictions is to charge flat fees for steps in the process. For example, they may charge a flat fee for preparing and serving a notice to vacate. If the tenant moves after receiving the notice, the case is finished. However, if the tenant does not leave, the lawyer would charge another flat fee for preparation and service of the eviction complaint. They would proceed in this manner.
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What Goes into Determining an Attorney’s Fee?
Another factor that would affect an attorney’s fee in a case is whether the tenant opposes the eviction in court. If a tenant decides to fight an eviction and a case must go to trial, then an attorney may charge the tenant or the landlord more for attorney’s fees.
As noted above, for example, an eviction begins with service of the notice to vacate. An attorney may charge a client a flat fee for service of this notice alone. It may be enough to induce the tenant to move out of the premises. Then, the eviction would be complete.
Once the time stated in the notice to vacate has passed, a landlord can file a lawsuit to evict the tenant from the residence. They should file the lawsuit in the Texas justice court where the residence is located.
The lawsuit can be filed electronically or in paper form. The trial would take place no more than 10 days after the lawsuit was filed and no longer than 21 days after the filing. At least 3 days before the trial, the tenant or landlord may request that a jury hear the case.
Once the suit has been filed, the tenant must be served with papers at least 6 days before the trial.
In justice court, the tenant is not required to file a written answer. They are allowed to do so if they wish to challenge the allegations in the lawsuit. If a tenant does not file an answer, they need to appear at the trial or risk having a default judgment entered against them. This would mean the landlord has won the right to evict them. The trial takes place within 10 to 21 days after the lawsuit was filed.
After the trial, a judgment is issued. The party who loses the case may appeal. A tenant would not be removed from the rental until the appeal has come to an end.
Why Would Attorneys Charge an Hourly Fee?
An attorney would charge an hourly fee generally because they know how much of their time and effort would be required to complete a task, so they can safely estimate in advance how much they need to charge.
Which Fee Structure Is Preferable?
There are pros and cons to each. Arguably, a flat fee is preferable as the client knows exactly what the lawyer will accomplish for a certain amount of money. With an hourly fee, the client does not know how much the case will cost until it comes to its conclusion. Only then do they know what the total cost is going to be.
Are There Other Costs to an Eviction in Texas?
There are other costs to eviction than paying a lawyer. Every document must be served on the opposing party, e.g., a Notice to Vacate must be served on the tenant. The landlord may serve this notice to the tenant by hand-delivery, by certified mail return receipt requested or posting it on the inside of the door of the premises. Whichever method is used, there is a charge for it. A landlord wants to be sure to have proof of the delivery if the case goes to court.
The landlord must pay a fee to the court for filing a lawsuit to evict a tenant. Reportedly, these can range from $46 to $100, depending on the court. If there is a trial in an eviction, the parties must produce evidence for the trial and there can be costs associated with this.
An initial consultation with a Texas lawyer can help clarify any questions you have regarding costs associated with evictions.
Do I Need the Help of a Lawyer for My Eviction Case?
Eviction is a very technical process with many rules of procedure and time deadlines that must be respected. Both landlords and tenants would benefit from the services of a Texas landlord tenant lawyer. LegalMatch.com can connect you to a qualified lawyer in Texas who can take you through the procedure, making sure that all requirements and deadlines are respected so you get the best possible result.
