I might need to evict my tenant for non-payment, I have never done an eviction before, I've heard that it's not hard to DIY, but unfortunately i have made travel plan where i will be out of town for few weeks. Question is, if I hire a lawyer to file the eviction, do I need to be around for anything? court appearance, paper signing, etc?
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
7y
@Sue Chen that is a very state, and even county, specific question. You should ask your attorney about it to make sure you are doing everything correctly. I have been through the process twice in Cook County, IL, and it was not something I would take lightly. I did exactly what my attorney told me both times, and in both cases we ended up settling so we could get the unit back in service more quickly.
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
7y
@Sue Chen that is a very state, and even county, specific question. You should ask your attorney about it to make sure you are doing everything correctly. I have been through the process twice in Cook County, IL, and it was not something I would take lightly. I did exactly what my attorney told me both times, and in both cases we ended up settling so we could get the unit back in service more quickly.
Real Estate Agent · Forest Park, IL · Member since 2014 · 255 posts · 141 votes
7y
... and you may need to appear 4-5 times between service attempts, continuances, and etc. If you mess up along the way, you need to start over and repay for court/service costs. Varies by state/county.
Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
7y
@Sue Chen - Depends where you are. In Virginia I filed myself ($46 plus 12 for sheriff) and couldn’t get a court date for 3-4 weeks. I went to the court date, my tenant showed up and we agreed to a mediated settlement where she officially gave up possession (she had already left except for some junk), and paid me back in 3 installments. I called around for a lawyer and I’ve gotten quotes as high as 2500 retainer with $300/hour billing. Your tenant owes the legal fees if they lose but even if it’s $800 you may never get paid back. If property is in an llc usually you have to have a lawyer file for you. I’ve had several instances where just filing the legal pay or quit notice has helped the person pay up or move out or both.
Appreciate all the replies, sounds like a lengthy and very involved process, I think I should deal with it after my travel. Have a great July 4th everybody!
Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
7y
I never had to evict someone (got close but she pays at the last moment like a cat with 9 lives) but according to my lawyer I was urged to be available VIA Skype during the eviction proceeding. The good news is most of the time the tenant doesn't even show up to the eviction proceeding.
Shop around for lawyers as you can save boatloads. My lawyer charges $200 an hour and told me it won't go above two hours of work if I submit all the paperwork to him. I've also been quoted an all-in price of $500 by a real estate attorney I had used for one deal.
So don't think you'll be paying out thousands; I mean, you could - if you simply accept an attorney's fees without shopping around.
This is not a easy and quick process. You will need to present. So I don’t think ask a lawyer to represent you is feasible. You’d better handle all these things through the whole process with the aid got lawyer.
Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
7y
@Sue Chen You don't need to be present, especially at the initial hearing date. In VA the first date the Judge just establishes if there is agreement from the defendant. If the defendant is not present, or if they agree with your charges, a Judgment will be entered. If the defendant disputes your claim, an new court date will be scheduled. Only if it is disputed will the attorney need you to be present.