How much does a landlord-tenant lawyer cost?
Short answer
Eviction filing fees vary by state: $240 in California for unlawful detainer claims of $10,000 or less ($385 up to $35,000), $180 in Florida and $45 in Delaware's Justice of the Peace Court. Lawyer time is the larger cost; 3 hours at Clio's $349 national average is $1,047. In California and New York, a lease clause awarding attorney fees to the landlord also works for a tenant who wins, and tenants in New York City, Washington State and Maryland can get free or appointed counsel.
What an eviction costs a landlord
An eviction has three cost layers: the court filing fee, service and enforcement fees (sheriff or marshal), and lawyer time if you hire one. The largest cost is often unpaid rent during the case, which no fee table captures.
| State | Court case | Filing fee |
|---|---|---|
| California | Unlawful detainer, limited civil | $240 if the amount demanded is $10,000 or less; $385 for more than $10,000 up to $35,000; higher in Riverside, San Bernardino and San Francisco [1] |
| Florida | Removal of tenant, county court | $180 [2] |
| Delaware | Landlord/tenant, Justice of the Peace Court | $45 [3] |
Other states and counties set their own fees, and service by a sheriff, constable or marshal is extra. Check your local court's fee schedule before filing. State pages such as California and Florida list more court costs.
Example (California landlord, uncontested case, hourly illustration): filing fee $240 [1] + 3 hours of lawyer time at Clio's national average of $349 [9] (3 × $349 = $1,047) = $1,287, before service and lockout fees. If the tenant files an answer and the case goes to trial, add hours at the same rate: another 6 hours is 6 × $349 = $2,094.
What drives eviction costs up
- A contested case. A tenant who answers, raises habitability defenses or asks for a jury trial turns a paperwork case into litigation.
- Procedural mistakes. A defective notice can force you to start over, paying the filing fee twice.
- Local rules. Rent-controlled cities and just-cause ordinances add notice and documentation requirements.
- Collecting the money judgment. Winning possession is not the same as collecting back rent.
Who pays the lawyers? Fee-shifting clauses and statutes
Under the usual American rule, each side pays its own lawyer unless a contract or statute says otherwise. Many leases include an attorney-fee clause, and two large states make those clauses work both ways:
- California: if a contract gives attorney fees to one party, the party who prevails on the contract recovers reasonable fees whether or not the clause names them. Clauses waiving this are void. If the case is voluntarily dismissed or settled, there is no prevailing party for this purpose [4].
- New York: if a residential lease lets the landlord recover attorney fees, the law implies a matching promise by the landlord to pay the tenant's reasonable fees when the tenant wins, including for successfully defending the landlord's case. Lease waivers are unenforceable [5].
For landlords, a fee clause is a two-edged tool in these states: it can help you recover costs from a tenant who breaches, but it can also make you pay the tenant's lawyer if you lose. For tenants, a landlord's one-sided clause may still give you a right to fees. Many other states have their own fee-shifting statutes, for example for security deposit claims; check your state's landlord-tenant law.
Free lawyers for tenants: right-to-counsel programs
A growing number of places provide free lawyers to tenants facing eviction. Examples we verified:
- New York City: the city's Office of Civil Justice provides free legal help for tenants with eviction cases in Housing Court, NYCHA termination cases and illegal lockouts, in every ZIP code and regardless of immigration status [6].
- Washington State: courts must appoint a lawyer, paid by the state, for indigent tenants in unlawful detainer cases. "Indigent" includes people receiving certain public assistance or with after-tax income at or below 200% of the federal poverty level, and appointments depend on funds appropriated for the program [7].
- Maryland: state law gives covered tenants access to legal representation in eviction proceedings [8].
Several other cities run similar programs. Ask the court clerk or local legal aid office on the day you receive court papers; deadlines to respond in eviction cases are short. See our legal aid guide for income limits and how to apply.
When landlords and tenants need a lawyer
Landlords
A small landlord with a clear nonpayment case and a properly served notice can often handle a first eviction using court self-help forms. Hire a lawyer if the property is in a rent-controlled or just-cause city, the tenant has a lawyer, you face a discrimination or retaliation claim, or the tenant is a business (commercial evictions follow different rules). A well-drafted lease and notices prevent more costs than a lawyer can recover later.
Tenants
Check first for a free lawyer through a right-to-counsel program or legal aid. If you do not qualify, a limited-scope consultation to review your notice and defenses is often affordable; see consultation fees. If your lease has an attorney-fee clause, ask the lawyer whether you could recover fees if you win.
Questions to ask
- Do you charge a flat fee for an uncontested eviction, and what happens to the fee if the tenant contests?
- Are court filing, service and lockout fees included?
- Does the lease's attorney-fee clause help or hurt in this case?
- For deposit disputes under the small claims limit, is small claims court the cheaper route?
Frequently asked questions
How much does it cost to file an eviction?
It depends on the state and court. California's unlawful detainer fee is $240 for claims of $10,000 or less and $385 up to $35,000, Florida charges $180 for a removal-of-tenant action, and Delaware's Justice of the Peace Court charges $45. Service and enforcement fees are extra.
Can a landlord make a tenant pay the landlord's attorney fees?
Only if the lease or a statute allows it and the landlord wins. In California and New York, a lease clause that favors the landlord also lets a tenant who wins recover fees.
Do tenants get a free lawyer in eviction court?
In some places. New York City provides free legal help to tenants facing eviction, Washington State appoints lawyers for indigent tenants subject to funding, and Maryland gives covered tenants access to representation.
Should a landlord hire a lawyer for an eviction?
For a simple nonpayment case with a correct notice, many small landlords use court forms. A lawyer is worth considering when the tenant contests, has a lawyer, or the property is under rent control or just-cause rules.
Sources
- Statewide Civil Fee Schedule effective January 1, 2026 — Judicial Council of California. Unlawful detainer filing fees: $240 (up to $10,000) and $385 ($10,000–$35,000) (checked October 11, 2026)
- Fla. Stat. §34.041 (county court filing fees) — Florida Legislature. $180 removal-of-tenant filing fee (checked October 11, 2026)
- Justice of the Peace Court fees — Delaware Courts. $45 landlord/tenant filing fee (checked October 11, 2026)
- Cal. Civ. Code §1717 (attorney fees in contract actions) — California (public.law mirror). One-sided fee clauses are reciprocal; waivers void; prevailing party rules (checked October 11, 2026)
- N.Y. Real Property Law §234 (tenant's right to recover attorney fees) — New York State Senate. Landlord fee clause implies a matching covenant for the tenant (checked October 11, 2026)
- Legal Services for Tenants — NYC Human Resources Administration, Office of Civil Justice. Free legal help for tenants facing eviction in every NYC ZIP code (checked October 11, 2026)
- RCW 59.18.640 (appointment of counsel for indigent tenants) — Washington State Legislature. Court-appointed counsel for indigent tenants (200% of poverty or public assistance), subject to appropriation (checked October 11, 2026)
- Md. Code, Real Property §8-902 (access to counsel in evictions) — Maryland General Assembly. Covered individuals have access to legal representation (checked October 11, 2026)
- Compare Lawyer Rates (2025 Legal Trends Report) — Clio. US national average lawyer hourly rate of $349 (checked October 11, 2026)