As an overview, please be aware that the eviction process can take anywhere from 2 to 8 months, sometimes longer if the circumstances necessitate.
In addition to unpaid rent and/or other financial losses incurred, you should budget approximately $1,300.00 for the eviction process (which is the average cost of an eviction).
If your tenant(s) is/are not paying rent, we will file a non-payment proceeding. You must first send a non-payment receipt to the tenant(s) by certified mail. My office then prepares and serves a fourteen (14) day notice to the tenant(s), demanding payment or requesting the tenant to vacate the premises. That 14 day notice should be issued after the 5th of each month and must be served by a process server.
If you are looking to terminate the lease agreement with your tenant(s) because the term has ended or a tenant has breached material terms of your lease, there are different types of notices that need to be submitted to a tenant. Once the proper notice(s) are served, we commence a hold-over summary eviction proceeding.
If someone is occupying the premises without legal permission, you will need to commence a special proceeding. Examples of a special summary eviction proceeding include foreclosure tenants or squatters.
The flat fee for the legal services rendered in connection with holdover, non-payment, or special summary eviction proceeding(s) starts at $ 900.00 per rental premises. This fee includes the eviction notices, service of process, the Court filing fee, the summary proceeding summons and petition, one Court appearance, and an application for a judgment. The fee is non-refundable and due before any notice or proceeding is commenced, except where a tenancy is terminated with a 90 day notice in which case the advance non-refundable retainer shall be $400.00.
Flat fees set forth above for Summary Eviction Proceedings are for one Court Appearance. In the event that a Respondent Tenant appears and a disposition is not reached at the first Court appearance, the Court may adjourn the proceeding and schedule a hearing/trial. I charge $250.00 an hour for a hearing/trial. In the event the Court orders a trial, there is a minimum charge of $250.00, even if the tenant does not appear.
Upon a successful eviction, this law office files and processes the Warrant unless otherwise instructed by you in writing prior to such. There is a surcharge fee of $250.00 for the filing and processing of the warrant.
Legal Representation does not include filing, enforcement, or collection of a rental arrears, a Judgment, or other damages associated with the leasehold. The primary purpose of the eviction proceeding is to restore the landlord tenant relationship in accordance with the lease or to return the rental premises to a landlord’s possession.
Sam Curry
DBO Property Management
Rebecca Cavalieri
Gabler Realty