How much an eviction attorney costs in Washington depends on a number of different factors. One important factor is the type of fee that an eviction lawyer charges in a particular case. In eviction cases, Washington lawyers are likely to charge an hourly fee for their legal advice and representation.
In an hourly fee arrangement, the lawyer tells the client the hourly fee they are going to charge them, e.g., $250 per hour. The lawyer then records all the hours they spend working on a client’s case and bills them monthly for the hours they worked in that month.
Usually, the lawyer collects a retainer fee at the beginning of their representation. After an initial legal consultation, a client may decide to hire the lawyer to represent them in their eviction case. They would agree that the client will pay the lawyer an hourly fee. In addition, the lawyer may require that the client pay them a retainer fee.
A retainer fee is an amount of money that a client gives their lawyer a sum of money, e.g., $2,000, and the lawyer withdraws their monthly payment of their hourly fee from the retainer until it is exhausted. Then the lawyer would bill the client monthly for the hours they have worked on their case. Or they might ask the client to replenish the retainer account.
In some eviction cases, a lawyer would charge a flat fee. In a flat fee arrangement, the lawyer specifies an amount of money at the beginning of the case that they will charge the client, and it represents the total fee that the lawyer will collect for their representation. For example, a lawyer might charge a landlord a flat fee in an eviction case that the lawyer expects to be routine.
The lawyer may believe that they can essentially predict how much of their time the case would consume, so they can predict the cost to them in time and effort. On this basis, they can specify an amount that would represent the total fee for their representation of their client from the beginning of the case to the end.
In cases in which a lawyer expects to win an award of money damages for their client, they might charge them a contingency fee. If the case is lost, the lawyer is not paid any fee. But if the lawyer wins an award of money damages for their client, they keep a percentage of the award as their fee. A contingency fee might be charged only rarely in eviction cases, because most cases would not result in an award of money damages to either the tenant or the landlord.
Yet another factor would be the type of eviction involved, whether the lawyer works on residential evictions or commercial evictions. The fees for commercial evictions might be higher than those for routine residential evictions. An individual also wants to keep in mind that lawyers charge consultation fees even for limited half-hour or full hour consultations.
In Washington, What Factors Cause Eviction Costs to Vary?
An important factor that may cause the cost of an eviction to vary would be the role that Washington state eviction law plays in a case. A case might be clear and routine. Or some cases might be more complicated and unique. This can affect how much time a lawyer would have to spend on it to bring it to a conclusion. Cases can be unique, and this is likely to make the costs vary.
Washington state eviction laws are very specific about the grounds for eviction, which are quite limited. Both landlords and tenants must observe specific deadlines for giving notice before filing a lawsuit. Residential eviction is allowed only for certain limited reasons. A lawyer must follow procedures to the letter of the law and fully prove the reason for any eviction. This can add to the cost.
What Goes into Determining a Lawyer’s Fees in Washington?
Again, several factors determine a lawyer’s fees in Washington. One factor would be the market in which the lawyer practices. Usually, lawyers in big cities charge higher fees than do lawyers who practice in small towns and rural areas.
The type of lawyer is a factor that affects fees. A lawyer who has developed a reputation for special competence in landlord-tenant law or evictions in a particular city or area may well charge more than a lawyer who is new to that type of practice.
An individual who is considering hiring a lawyer may ask a lawyer why their fee is justified. It is a legitimate question.
Why Would Lawyers Charge an Hourly Fee?
Charging an hourly fee would be standard in eviction cases. As noted above, a lawyer would charge a flat fee only in those cases they expect to be completely routine and predictable. If the lawyer expects the case to vary from the routine and predictable, they are more likely to charge an hourly fee, because they cannot confidently predict how much time they would have to devote to the case.
Which Fee Structure Is Preferable?
There are pros and cons to each type of fee. Arguably, the flat fee is the best from a client’s perspective, because the client knows at the outset how much they will have to pay in total. However, an hourly fee may be more advantageous for the client, if their case is easily resolved and their lawyer only has to spend very few hours on it.
A contingency fee can be advantageous if the case is lost, because the lawyer then collects no fee. On the other hand, if the lawyer wins a sizable money damages award, they may take as much as 40 or 50 per cent of the award, which leaves the client with only 50 or 60 per cent of it.
So, much depends on the specific circumstances of a particular case.
Are There Other Costs to an Eviction in Washington?
There are other costs to an eviction in Washington. When a landlord files an eviction lawsuit, they must pay a fee to the clerk of the court in the county in which the lawsuit is filed. The fees vary by court, but range from $45 to $200.
The clerk then sets a date for hearing on the lawsuit, and the landlord must then pay a sheriff’s deputy or licensed process server whose job is to deliver the summons and complaint in the case in person to the tenant. If other documents have to be filed with the clerk or served by hand-delivery to the tenant, there may be additional costs.
There are other costs, such as the copying of documents, preparing transcripts of hearings and depositions, and other incidentals as well. A client wants to ask their lawyer if they are responsible for paying all of the costs and on what basis, e.g., monthly or at the end of the case.
What Services Do Eviction Lawyers Typically Provide?
Eviction lawyers may provide preventive services in Washington. A client may have a legal consultation in Washington with a lawyer in which the lawyer would review Washington eviction law with the landlord, so they are well informed about the practices they should adopt in dealing with tenants. They could avoid making mistakes that could lead to costly legal problems.
Or they may draft a lease agreement for a landlord that best protects their interests in a residential or commercial leasing situation.
A tenant may also want to have a consultation with a Washington lawyer before they enter into a lease agreement. The lawyer could review any lease agreement that has been presented to the tenant to ensure that it is as advantageous as possible for the tenant. Or the lawyer could even draft a lease agreement. This might make sense, especially in a commercial leasing situation.
Of course, in Washington, a landlord may need to use the court system in order to evict a tenant. In Washington, a landlord must have “just cause” to remove a tenant before their lease expires. And they can decline to renew a lease only if they provide the tenant with written notice of the non-renewal and also have a legally acceptable reason not to renew the lease.
For example, they may want to sell the building or occupy the premises themselves. Without a legally acceptable reason, a landlord cannot refuse to renew a lease that has expired.
“Just cause” to evict a tenant in Washington would be an event such as the following:
- Failure to Pay Rent: The tenant fails to pay the rent when it comes due;
- Violating the Lease: The tenant may violate the terms of the lease by doing such things as engaging in criminal activity on the premises,
- Refusal to Vacate: The tenant may refuse to move out of the rental unit when they have been legitimately required to do so.
In addition to having just cause, a landlord must follow specific procedures with deadlines for each step. If they should fail to proceed as the law requires, they might not be successful in an eviction lawsuit.
Washington landlords are allowed to evict a tenant who has a lease with a fixed term only if they have just cause. When a lease with a fixed term expires, a landlord cannot refuse to renew it unless they have given the tenant notice in writing and a legally acceptable reason. Legally acceptable reasons are such reasons as the landlord wants to sell the building or move into the rental unit themselves.
The same rules regarding eviction and lease renewal apply to month-to-month leases.
What Are the Advantages of Hiring an Eviction Lawyer in Washington?
In Washington, the “just cause” requirement means that a landlord must prove a clear, legally recognized reason for terminating a tenant’s occupation of lease premises. If a tenant has occupied a residential unit for 6 months, terminating their tenancy for a reason that is not legal or one that is based on the landlord’s convenience is no longer possible. In certain cities, such as Seattle or Tacoma, local municipal ordinances also apply, and landlords must follow them.
It can get complicated. A landlord or a tenant may not be successful in an eviction case if they make procedural mistakes and do not carefully observe all of the rules. Success is more likely if an individual is represented by an experienced eviction lawyer.
What Should I Look for to Find an Effective Eviction Lawyer?
When it comes to the question of what to look for in a lawyer, a person should look for a lawyer who is licensed to practice law in the state of Washington and experienced in dealing with Washington state’s landlord-tenant law. It is perfectly reasonable to ask a lawyer if they have insurance to cover their professional responsibility, or the possibility that they could be responsible for professional malpractice.
But, again, among the most important questions a person can ask a prospective lawyer is to ask whether they have experience with landlord-tenant law. An individual might ask relatives or friends and colleagues if they have worked with a knowledgeable and effective lawyer. And, of course, Legalmatch.com can connect an individual with such a lawyer quickly and at no cost for presenting their case.
Do I Need an Eviction Lawyer in Washington?
Whether you are a tenant or a landlord, if you have an eviction issue, you want to talk to a Washington landlord-tenant lawyer. Washington landlord-tenant law is complex and its requirements are very specific. A landlord who wants to evict a tenant must meet the requirements of Washington law and prove that they have a legally valid reason for any eviction.
An individual is more likely to experience success in an eviction and get the result they want with a qualified, licensed landlord-tenant lawyer on their side.
