Saturday, March 22, 2025

For Landlord-Tenant Actions, Should You Hire a Lawyer Even If You Failed to Pay Rent

The short answer is it all depends. 

If you failed to pay rent because you lost your job or had a family emergency and cannot catch up on back rent, you probably don't need an attorney.  You should probably start to pack, leave, and turn in the key before the dispossessory action is filed, unless you have a large legitimate counterclaim or your landlord is willing to agree to new terms in writing. 

However, if you have back rent, want to stay in the property, and have a counterclaim for failure to repair, an attorney may be a good investment.  Also, realize lawyers in these type cases are meant to guide you through the process and speak on your behalf to get a settlement. 

Going into court

If the matter cannot be settled, an attorney may not help you if you don't have any money to catch up on rent.  The key is put the money aside once the landlord refuses to accept rent.  Also, make sure any agreement you sign states there is a disputed balance of fees, fines, and penalties that the parties have agreed to zero out because of a compromise.  Once  that agreed upon balance has been paid, there should be a provision that says the matter is dismissed with prejudice. 

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