If you’re having problems with your landlord or with a tenant in a building you own or manage, you might be wondering how much it would cost to get a lawyer’s help. And if you’ve already spoken to a landlord-tenant attorney who has quoted you a price to handle your problem, you’d probably like to know how that fee compares to what other lawyers would charge. To provide some insight on those questions, we compiled and analyzed data on fee arrangements reported by landlord-tenant attorneys across the United States. We also looked at their policies on free initial consultations for prospective clients. Here’s what we learned.
Most landlord-tenant lawyers bill clients by the hour (usually in 10- or 15-minute increments). In our study, landlord-tenant attorneys across the country reported their hourly fee ranges. The average minimum was $225 per hour, while the average maximum was $300. Within that range, the hourly fee a lawyer charges might depend on the case and the client.
Clearly, the total bill for a lawyer’s services can add up quickly at those hourly rates. Flat fee arrangements (discussed below) might offer more predictability and savings. But paying by the hour can make the most economic sense in some situations, such as when you want an attorney to answer specific questions or review a rental agreement. In particular, if you intend to handle the case yourself, but want some initial coaching and advice, paying for an hour or so of a lawyer’s time can be very worthwhile.
Several factors affect how much lawyers charge by the hour, including:
Landlord-tenant lawyers might charge a “flat” or fixed fee for a specific service, like handling a routine eviction for a landlord or fighting an eviction on behalf of a tenant. When you’re quoted a flat fee for a service, you know exactly how much you’ll pay, regardless of the lawyer’s success in handling the matter or how much time it takes.
If you’re filing a lawsuit over a landlord-tenant dispute that could result in a large settlement or court award, your lawyer might charge what’s known as a contingency fee. Under this fee arrangement, you don’t pay anything up front, but you agree to pay a certain percentage of any money the attorney wins for you. Here again, lawyers typically use a range of contingency fees, depending on factors including the complexity of the case and whether it goes to trial or is resolved through a settlement. For the attorneys in our study who reported using contingency fees, the average minimum was 31%, while the average maximum was 41%.
Contingency fees are relatively unusual for the types of legal services that landlords need. This fee arrangement is more common when lawyers represent tenants who are suing their landlords for problems such as:
Landlords who own many rental units and need regular legal services might find that it makes economic sense to hire a lawyer on a retainer, or a set annual fee (usually paid by the month). In the most common form of retainer fee, known as a “special retainer,” lawyers hold client funds in trust and bill against the funds as they do the work. Retainer fees for landlords generally cover routine services like uncontested evictions, updating or reviewing rental agreements, and other business matters.
About one in ten (11%) of the landlord-tenant lawyers in our study said they provided retainer-based services some of the time, while another 7% reported that they exclusively work on retainer.
When you suspect you’ll need legal assistance, it helps to know that many landlord-tenant attorneys offer free consultations. In our study, more than half (55%) of landlord-tenant attorneys said they offer some free consultation. The average length of those consultations was just over 30 minutes.
Tenants and landlords can resolve some conflicts without an attorney. But there are situations when tenants may need a lawyer to protect their rights and when landlords could use legal assistance to protect their property. When you’re contacting landlord-tenant attorneys, consider asking if they offer free consultations, and, if so, for how long. (But keep in mind that meeting with an attorney who charges for consultation could be worth it in the long run.) And make sure you prepare for your initial meeting with a lawyer.