I manage a lot of properties and do a lot of evictions, do you offer volume discounts?
Yes. Most of the evictions we handle are repeat clients. Some of our clients manage thousands of properties have several evictions every week. We charge them less because they generally have a similar lease throughout their properties and, for the most part, we find that we spend very little time answering questions for a client who has already done an eviction with us. In fact, our repeat clients rarely ask questions because they have so much confidence in our process. This means we spend less time per eviction. Call us to discuss volume discounts.
How long does the entire process take?
Relative to other matters pending in a court, evictions are quick. Once the time expires for the initial notice, the process will usually be two to four weeks. Three primary factors play a role in the amount of time it takes.
First, service of the documents. Many tenants know how to delay the process either because they have been evicted or they read an article on the internet. If the tenant refuses to answer the door, this can cause a delay of about one week.
Second, the amount of time it takes for the judge to sign any orders. This depends on how busy the judge is. Your assigned judge might be in trial or on vacation all week, this will cause delay.
Third, if the tenant files an answer, we must have a hearing. That generally results in a delay of about two weeks.
Even in cases where there is a lot of delay, you can almost always expect the eviction to take thirty days or less.
How long will it take for us to serve the documents?
Our process server generally makes his first attempt at serving the documents within 24 hours. Sometimes tenants will avoid service. See the question “What do you do about a tenant that avoids service” for more information on that.
What do you do about a tenant that avoids service?
We deal with this all the time. We have an understanding with our process server that he will make five attempts at service within seven days. On day eight, we get an affidavit of non-service. We file this along with a few other documents and the judge will sign an order authorizing alternate service by posting the documents on the front door.
What do I do with personal property left behind by the tenant?
If the tenant leaves behind property, you must post AND mail to the last known address a Notice of Intent to Dispose of Abandoned Property. From service of the notice, you must wait fifteen days before selling or disposing of the property. You can move the property and store it. If you do that, you can charge the moving and storing expense and require that amount be paid before the tenant can pick up his or her items UNLESS the item meets an exception. If you have stored the items and want to hold the property until the moving and storage is paid and the tenant has contacted you to pick up his or her stuff, it is a good idea to contact our office to discuss this. Once the fifteen days is up, you can dispose of the property in a commercially reasonable manner. This means throw it away if it has little or no value and sell it, applying the proceeds to the amount due, if it is worth selling. Again, if something is left behind worth selling, contact our office so this process can be discussed.
The tenant filed an answer, now what?
Now we schedule a hearing. There will be an extra charge of $150.00 for our appearance at the hearing. Sit back and relax. You hired an attorney so you don’t have to worry about this stuff. We will reach out to you if we need anything. It is our policy to have our client attend the hearing or someone else who is directly involved in the matter. Dress is business casual.
What happens once the court signs the writ of restitution?
If you had a hearing, the tenant will be locked out on the day mentioned at the hearing. If the writ was issued after the tenant defaulted, then the lock out can occur on the fourth day after the order gets posted. We will take care of getting the order posted.