Do tenants get a free lawyer for an eviction?
Short answer: A few states, and more cities, guarantee lawyers to eligible tenants facing eviction. Everywhere else, local legal aid may still help for free.
Find legal aid on your state and county pages.
The rule in every state
Each answer below links to the statute or official page it comes from (39 of 51 jurisdictions verified).
| State | Right to a lawyer in eviction |
|---|---|
| Alabama | No statewide right to counsel for tenants in eviction cases. Ala. Code § 35-9A-461 (eviction actions) |
| Alaska | No statewide right to counsel in eviction cases was found. The court's FED booklet tells parties to find their own lawyer through the Alaska Bar Lawyer Referral Service or, if low-income, Alaska Legal Services Corporation. Free advice is available through the ALSC Landlord-Tenant Helpline (855-743-1001). Alaska Court System CIV-720 (8/23); MED-600 (12/25) |
| Arizona | No statewide right to counsel in eviction cases. No Arizona statute gives tenants an appointed lawyer in special detainer or forcible detainer actions. A.R.S. Title 33, Ch. 10 (§§ 33-1301 to 33-1381); A.R.S. Title 12, Ch. 8, Art. 4 (§§ 12-1171 to 12-1183) checked |
| Arkansas | No. Arkansas has no statewide right to a lawyer in eviction cases. Ark. Code §§ 18-17-901 to 18-17-913; 18-60-301 et seq. |
| California | No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. Cal. Gov. Code §§ 68650-68651 |
| Colorado | No statewide right to a lawyer in eviction cases. The state funds eviction legal help through the Eviction Legal Defense Fund. The state court administrator makes grants to qualifying nonprofit legal aid organizations to advise and represent indigent tenants (income at or below 200% of the federal poverty guidelines) facing eviction, but this is not a guaranteed right to counsel. C.R.S. § 13-40-127 |
| Connecticut | Yes, a statewide right-to-counsel program, limited by available funding. Income-eligible tenants and occupants get free legal representation in matters started on or after July 1, 2021: notices to quit, eviction cases, and administrative proceedings to keep a housing subsidy or stop a lease termination. Income-eligible means household income at or below 80% of state median income, or receiving TANF, SNAP, Medicaid, SSI, refugee resettlement benefits, state rental assistance, or a Housing Choice Voucher. The program is phased in by priority criteria and funding. It does not create a right a tenant can enforce against the providers. Since October 1, 2021, landlords must attach the Judicial Branch's one-page right-to-counsel notice to every notice to quit, eviction summons and complaint, subsidized-housing lease termination notice, and subsidy termination notice. Conn. Gen. Stat. § 47a-75 |
| Delaware | Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. 25 Del. C. §§ 5601-5607 |
| District of Columbia | Not verified yet |
| Florida | No statute — no statewide right to counsel in eviction cases. Fla. Stat. ch. 83 |
| Georgia | Not verified yet |
| Hawaii | Not verified yet |
| Idaho | Not verified yet |
| Illinois | No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). 735 ILCS 5/Art. IX (checked); Illinois Courts eviction self-help |
| Indiana | No statewide right to counsel in eviction cases was found. The Residential Eviction Actions chapter covers dismissal, failure to prosecute, and voluntary eviction diversion programs, not appointed counsel. IC 32-31-10 (checked) |
| Iowa | No statewide right to counsel in eviction cases was found in Iowa Code ch. 648 or ch. 562A. Iowa Code ch. 648; ch. 562A (checked) |
| Kansas | No statewide right to counsel in eviction cases was found. The 2026 eviction reform (Sub. for HB 2357) added expungement and court consideration of mediation, not appointed counsel. K.S.A. 61-3801 et seq.; Sub. for HB 2357 (2026) |
| Kentucky | No statewide right to counsel in eviction cases was found in KRS Chapter 383. KRS Chapter 383 (checked) |
| Louisiana | No statewide right to counsel in eviction cases was found in the Code of Civil Procedure eviction title. La. C.C.P. arts. 4701-4735 (checked in part) |
| Maine | No statewide right to counsel in eviction cases. By statute, the court must announce at the start of FED hearings if an attorney is available that day to represent tenants. The summons must include a court form that lists legal-help resources. 14 M.R.S. § 6004(2)-(3) |
| Maryland | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Md. Code, Real Prop. §§ 8-901 to 8-903 (Access to Counsel in Evictions, 2021) |
| Massachusetts | No statewide right to counsel in eviction cases found in G.L. c. 239. The trial court must report monthly how many landlords and tenants received legal representation through on-site court diversion programs. G.L. c. 239, § 15(c)(ix) |
| Michigan | Not verified yet |
| Minnesota | Limited. Only tenants in HUD Section 9 public housing who face an eviction for breach of lease and cannot afford a lawyer have a right to court-appointed counsel. The first page of the complaint must include, in bold 12-point type: 'If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney.' The court must offer appointed counsel at the first hearing. There is no general statewide right to counsel in nonpayment or other evictions. Minn. Stat. § 504B.268 (2023 c. 52, art. 19, § 89) |
| Mississippi | Not verified yet |
| Missouri | No statewide right to counsel in eviction cases found. RSMo Ch. 441, 534, 535 (no counsel provision) |
| Montana | No statewide right to counsel in eviction cases found. Mont. Code Ann. Title 70, Ch. 24 (no counsel provision) |
| Nebraska | No statewide right to counsel in eviction cases found. Neb. Rev. Stat. §§ 76-1440 to 76-1447 (possession actions; no counsel provision) |
| Nevada | No statewide statutory right to counsel in eviction cases found. NRS Ch. 40 and 118A (no counsel provision) |
| New Hampshire | No statewide statutory right to counsel in eviction cases found. RSA ch. 540 (no counsel provision) |
| New Jersey | No statewide statutory right to counsel in eviction cases found. N.J.S.A. 2A:18, 2A:42 (section lists reviewed; no counsel provision) |
| New Mexico | Not verified yet |
| New York | Not verified yet |
| North Carolina | No statute. North Carolina has no statewide right to a lawyer in eviction cases. N.C. Gen. Stat. ch. 42, art. 3 (Summary Ejectment; no counsel provision) |
| North Dakota | No statute. North Dakota has no statewide right to a lawyer in eviction cases. N.D.C.C. ch. 47-32 (no counsel provision) |
| Ohio | No statewide right to counsel in eviction cases. Ohio Rev. Code ch. 1923 (no counsel provision) |
| Oklahoma | No statewide right to counsel in eviction cases. 12 O.S. §§ 1148.1-1148.16; 41 O.S. §§ 101-136 (no counsel provision) |
| Oregon | No statewide right to counsel in eviction cases. ORS ch. 90; ORS 105.100-105.168 |
| Pennsylvania | No statewide right to counsel in eviction cases. 68 P.S. 250.501-250.513 |
| Rhode Island | No statewide right to counsel in eviction cases. R.I. Gen. Laws ch. 34-18 |
| South Carolina | No statewide right to counsel in eviction cases. S.C. Code Title 27, Ch. 37 and Ch. 40 |
| South Dakota | No statewide right to counsel in eviction cases. SDCL Chapter 21-16 |
| Tennessee | No statewide right to counsel in eviction cases. T.C.A. Title 29, Chapter 18; Title 66, Chapters 7 and 28 |
| Texas | No statewide right to counsel in eviction cases. In justice court, parties may represent themselves or be represented by authorized agents who need not be attorneys. Tex. Prop. Code ch. 24; Sec. 24.011 |
| Utah | Not verified yet |
| Vermont | Not verified yet |
| Virginia | Not verified yet |
| Washington | Yes, statewide (2021 c 115). Subject to appropriated funds, the court must appoint an attorney for an indigent tenant in an unlawful detainer case under chapters 59.18, 59.12 and 59.20 RCW, administered by the Office of Civil Legal Aid. Indigent means receiving specified public assistance (e.g., TANF, SSI, Medicaid, food assistance) or having after-tax income at or below 200% of the federal poverty level. RCW 59.18.640 |
| West Virginia | Not verified yet |
| Wisconsin | No statewide right to counsel in eviction cases. Wis. Stat. ch. 799 |
| Wyoming | No statewide right to counsel in eviction cases. Tenants need not file a written answer to participate fully in the trial. Wyo. Stat. 1-21-1001 to 1-21-1017; 1-21-1004 |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.