How Much Does an Eviction Lawyer Cost? What Landlords Actually Pay

Most landlords call an eviction attorney for the first time with one question: what is this going to cost me? The honest answer is that it depends on the state, whether the tenant fights, and how the firm bills. But the ranges are predictable enough to plan around, and knowing them helps you decide when a lawyer pays for itself and when you can file on your own.

Flat fees for uncontested nonpayment cases

Firms that do volume eviction work almost always quote a flat fee for an uncontested nonpayment case: drafting and serving the notice, filing the complaint, appearing at the first court date, and obtaining a default judgment or an agreed move-out. In fast, magistrate-court states such as Georgia, South Carolina, North Carolina, Ohio and Florida, flat fees commonly run $300 to $750. In court-heavy states such as Massachusetts, New Jersey, New York and Connecticut, the same service typically costs $750 to $1,500, and in New York City or Philadelphia it can be more, because the case takes more court dates.

The flat fee usually excludes court costs, service fees and the sheriff or constable. Ask what happens to the fee if the tenant leaves after the notice: some firms charge a smaller "notice only" fee if the case never gets filed.

What contested cases cost

Once the tenant files an answer, raises habitability or retaliation, demands discovery, or hires a legal-aid lawyer, most firms switch to hourly billing, typically $200 to $400 an hour depending on the market. A contested case with one trial date commonly totals $1,500 to $4,000 in fees. A case with a jury demand, an appeal, or a counterclaim for the security deposit or habitability can reach $5,000 to $10,000, which is why experienced landlords settle contested cases with a stipulated move-out date whenever they can.

Court costs and enforcement

These are paid whether or not you use a lawyer, and they vary by state:

• Filing fees: from about $15 in Maryland's rent court and $45 in Delaware, to $175 in Connecticut, $185 in Florida, about $295 in Vermont.
• Service of process: $25 to $150, depending on whether a constable, sheriff, marshal or process server is required.
• Writ or execution and the officer's fee: $50 to $300.
• Move-out costs: in states that require a bonded mover and storage (Massachusetts, parts of New York, New Jersey), budget $1,000 to $2,500. In curb-side states (Georgia, Ohio, South Carolina) the cost is a crew for a morning.

The expenses that are easy to forget

Lost rent is the biggest cost of an eviction and it is not on any invoice. Every week a case is delayed by a defective notice is a week of rent you will probably never collect. That is the strongest argument for paying a flat fee on the first case in a new state: the attorney's value is not the court appearance, it is the notice that survives the tenant's lawyer. The other hidden costs are turnover (cleaning, repairs, vacancy) and, in a growing number of cities, the fee you pay to relist because the eviction record made the unit harder to fill.

Can you recover attorney's fees from the tenant?

Sometimes. Many states allow fee-shifting if the lease has an attorney's-fees clause, and some cap it (North Carolina limits it to 15 percent of the amount owed; Georgia and Florida enforce reasonable fee clauses; Massachusetts makes any tenant fee clause reciprocal). In practice, recovering fees requires a money judgment, personal service and a tenant with collectible income, so treat fee recovery as a bonus rather than a plan.

When a lawyer is worth it

Handle it yourself when your state has standardized forms, the tenant has not responded, the lease is a proper state-specific form, and you have done it before. Hire counsel the first time you file in a new state, whenever the tenant has a lawyer or raises repairs or retaliation, for any subsidized or federally backed property, for lease-violation cases (the two-notice sequences are where landlords lose), and in cities with right-to-counsel programs, where the tenant will be represented. A first consultation is often free, and the state guides on this site explain what the attorney will need from you.

How to get an accurate quote

Tell the firm the state and county, the type of tenancy, the ground (nonpayment, breach, holdover), the amount owed, whether the property has a federal loan or voucher, and whether the tenant has communicated with you. Ask for the flat fee, what it includes, the hourly rate if the case is contested, and the firm's typical timeline in that court. The attorneys listed on National Eviction represent landlords only and most will quote by phone.