Evicting a tenant is often a necessary step for landlords dealing with non-payment of rent, legal fees for eviction, or other serious issues. While eviction can be a complex and emotionally challenging process, many landlords wonder what it might cost—particularly in a simple, uncontested case. Estimating legal fees for a straightforward eviction helps landlords prepare financially and plan accordingly.
A “simple” eviction typically refers to a case where the tenant does not dispute the eviction, and no additional legal complications arise. These cases are generally resolved quickly and without extended court involvement, making them more predictable in terms of cost.
Attorney Fees
The most significant cost in a simple eviction is usually attorney fees. In many states, landlords are not required to hire an attorney, but doing so can reduce the risk of procedural mistakes that may delay the eviction or result in the case being dismissed.
For a basic, uncontested eviction, attorneys often charge a flat fee, which can range between $500 and $1,200, depending on the state and the complexity of local laws. Some attorneys offer tiered pricing based on services, such as filing the case, attending court, or handling tenant communication.
In states or cities with more regulations and tenant protections, legal fees may be on the higher end of that range, even for simple cases.
Court Filing Fees
To begin the eviction process, landlords must file a complaint with the local court. This filing fee typically ranges from $50 to $250, depending on the jurisdiction. Some courts also charge additional administrative fees or surcharges, especially in larger cities or counties.
Service of Process
Once the eviction complaint is filed, the landlord must legally serve the tenant with notice of the court action. This step usually involves hiring a process server or using the sheriff’s office. Fees for service of process range from $40 to $100, depending on the provider and location.
Optional Costs
In some situations, landlords may incur other costs, even in a simple eviction:
- Document preparation: If you hire someone to draft court documents or notices, expect to pay an additional $50 to $200.
- Notarization: If legal forms or affidavits need notarizing, this might cost $10 to $25 per document.
- Post-judgment enforcement: If the tenant does not leave after the court order, landlords may need to pay for a sheriff-assisted lockout, typically costing $75 to $150.
Total Estimated Cost
In a straightforward, uncontested eviction, the total legal fees and associated costs typically range from $700 to $1,500, depending on location, legal representation, and required services. Here’s a sample breakdown:
- Attorney flat fee: $750
- Court filing: $125
- Process server: $75
- Total: $950
This figure can rise if there are unexpected complications or delays.
Reducing Costs
To minimize costs, landlords can:
- Use local legal aid or landlord associations for document templates
- Learn the basic eviction process in their state and self-file if permitted
- Seek a flat-fee attorney with eviction experience
- Avoid delays by ensuring proper notice is served correctly
Final Thoughts
While every eviction case is unique, simple cases tend to follow predictable patterns in terms of cost. By understanding the common fees involved and preparing accordingly, landlords can manage their rental operations more efficiently and avoid unnecessary financial strain. Proper planning and legal support can make even a difficult process more manageable.
