When a landlord initiates an eviction, court filings are a key part of the legal process. Whether the case is handled with or without a lawyer, court filing fees and associated legal costs can add up quickly. Understanding how much are legal fees for eviction with court filings typically cost can help landlords prepare for the financial side of the process and avoid unexpected expenses.
Basic court filing fees
Court filing fees are the mandatory charges paid to the court when submitting an eviction lawsuit, often referred to as an unlawful detainer action. These fees vary by state and local jurisdiction, but on average, landlords can expect to pay between $50 and $500 per filing.
For example, filing fees in smaller towns or less populated counties might be on the lower end, typically around $100. In large metropolitan areas or tenant-friendly cities, such as New York or San Francisco, court filing fees may be higher due to added administrative costs or housing court surcharges.
Some courts may require additional filing fees for motions, continuances, or post-judgment actions. In certain jurisdictions, the total cost of all required court filings during the eviction process can exceed $600, particularly if multiple court appearances or filings are involved.
Attorney fees alongside court filings
When an attorney is involved, the legal fees include more than just filing the paperwork. Lawyers typically charge either a flat fee or an hourly rate to manage the eviction process. A flat fee for a simple, uncontested eviction that includes court filing and representation typically ranges from $500 to $1,500. This usually covers the cost of drafting the eviction notice, submitting the court complaint, and attending the hearing.
If the case becomes contested, where the tenant responds with a defense or counterclaim, the lawyer may charge hourly rates ranging from $150 to $400 per hour, depending on experience and location. The longer the case takes and the more paperwork required, the higher the total cost will be. For contested evictions with multiple filings and court dates, total legal fees can rise to $3,000 or more.
Other court-related expenses
In addition to the base court filing fee, landlords may incur other legal costs related to court procedures. These include:
- Service of process fees: Landlords must have a third party, such as a sheriff or certified process server, deliver court documents to the tenant. This service usually costs between $40 and $150.
- Documentation fees: Landlords may need to pay for notarization, photocopying, and mailing documents, which can add another $20 to $100.
- Court reporter or transcript fees: If a case goes to trial or if a tenant appeals, landlords might need to pay for court transcripts, which can cost several hundred dollars.
Total estimated costs
When combining court filing fees with attorney fees and other related expenses, the total cost of eviction with court filings typically falls between $800 and $3,500 for an uncontested case. For contested evictions, especially in cities with complex housing laws, costs can reach $5,000 or more.
Final thoughts
Legal fees for eviction with court filings include more than just the cost of submitting documents. From filing fees to attorney time, process serving, and additional court expenses, the full cost can be significant. Landlords should budget accordingly and consult with legal professionals when possible to ensure the eviction process is handled correctly and efficiently.
