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Landlord Law
Procedures
We do evictions for an inexpensive
flat fee; that's important because you save on out-of-pocket
costs and you know exactly what it will cost (unless the matter
is a contested eviction)
We take each step as fast as the
law allows it to be taken; that is more important because
you minimize lost rental income.
Figure it out - at rent of $1,500 per month, you are
losing $50 for EVERY DAY ($350 per week) the tenant
doesn't pay rent.
Select
which area you would like to know more about
HOW LONG DOES AN EVICTION TAKE?
20 to 39 days
is the usual total time to evict a tenant, starting from the day
you first contact us, if the tenant does not contest the
eviction. More than one-half of tenants fall into this category.
31 to 59 days
is the normal total time to evict a tenant who contests the
eviction by filing an Answer at court and requesting a trial.
Delays beyond
the above estimates are rare, but can be caused by the following:
unknown persons occupying the premises, tenants avoiding service
of process, tenants demanding a jury trial, and other
delaying tactics.
PROCEDURES FOR UNCONTESTED EVICTIONS-POSSESSION ONLY
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Step |
Procedure |
Time |
Cost* |
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1. |
Prepare and arrange service of THREE-DAY NOTICE TO PAY RENT OR QUIT. This can be done by you or us, and served by you or any adult. If you are not certain of the identity of any person living in the property, additional procedures are required.
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1 day
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Free if you do it
$300 if we do it. $400
for HUD/ Section 8/ commercial notices. Plus process
server's fee, if used (usually $85 per tenant).
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2. |
Wait three days after date served. If third day falls on a weekend or holiday then tenant has until the end (midnight) of the next business
day to pay you the full amount of rent due or move out. During this
time you must accept the rent if the whole amount due is offered to
you. You do not have to accept any smaller amount, and if you do,
you must issue a new Three-Day Notice reflecting the remaining
balance.
This notice must be served on each tenant separately. You must
either hand it to each tenant, or if any tenant is not there, tape it to the
front door and mail (regular first-class mail) a copy to each tenant. (If
the lease requires certified mail, you may need to do that also.)
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3 days
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3. |
Attorney prepares and files SUMMONS and COMPLAINT. This is the Unlawful Detainer Lawsuit, asking the court to order the tenant out of the premises. We need a $1,300 deposit ($1,600 for commercial or $1,400 for HUD/ Section 8 tenancies), of which $900 is for fees and $400 is for a deposit towards costs.
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1 day
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$900 fees ($1,200 for commercial or
$1000 for HUD/ Section 8
tenancies) plus $240 court Filing fee if rent owed is under
$10,000, or $385 if over $10,000.*
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4.
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Process server serves SUMMONS and COMPLAINT on each tenant. Usually served the same day as filed if tenants are home. (We don't use the Marshal or Sheriff, but the best private process server to ensure prompt service).
If tenant evades service, which is unusual, an additional court order will be required to allow service by posting, at additional expense ($250 in fees) and time (16 to 20 days).
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0 to 1 day
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Process server's fee (usually $85 to $100 per tenant)*
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5. |
Each tenant has five days after being personally served with the Summons and Complaint to file a formal Answer with the Court. Serving a Prejudgment Claim of Right to Possession allows an additional five days for an unnamed tenant to file an Answer. The date of service doesn't count, and legal holidays don't count. If the fifth day falls on a weekend or holiday then they have until the end of the next business day. (This explains why serving the tenants on Monday, Tuesday or Wednesday is all the same.) Service by handing it to someone else does not count as personal delivery. If properly "sub-served" (handed to someone other than the tenant) the tenant gets an extra ten days to answer. |
6 to 16 days |
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6.
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Tenant fails to file a formal Answer at court in time. Attorney files a REQUEST TO ENTER DEFAULT for Possession of the Premises, and obtains a "Clerk's Judgment for Restitution of the Premises."
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1 day
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No additional charge
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7.
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Attorney obtains from Court Clerk a Writ of Possession, which Attorney takes to the Sheriff, along with Sheriff's Instructions.
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0 to 1 day
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Court Writ fee:
$25;
Sheriff's fee: $125.*
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8.
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Sheriff goes out and posts property with a Five-Day Notice warning of eviction. (If tenant moves during the five days, you may get $22 of the $125 Sheriff's fee back.)
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3 to 5 days
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No additional charge
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9.
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Wait five days after Sheriff's notice is posted. Sheriff calls owner or manager to verify that tenant is still in property (you should keep checking) and to make an appointment to meet the owner or manager and a locksmith (you arrange ahead) at the property that day. Sheriff meets you there and physically removes them (but not their possessions) from the premises. This occurs on the fifth day after the Sheriff posts the notice, but if that day is a weekend or holiday, usually the Sheriff will wait until the next business day.
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5 days
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No additional charge
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FOR UNCONTESTED EVICTION -
POSSESSION ONLY
TOTAL
TIME:
20 to 39
days
TOTAL ATTORNEY FEES: $900 ($1,200 FOR COMMERCIAL and $1000 FOR RESIDENTIAL HUD/ SECTION 8)*
TOTAL OTHER
CHARGES: Approximately
$400 court costs plus process service (usually $85 to $100 per
tenant per serve)*
NOTE: If you want to also obtain a court
judgment for the rent and attorney's fees and costs (which cannot
include damages to the premises), we can obtain this for you for an
ADDITIONAL $250.*
* Settlement Negotiations and Agreements are charged hourly in
addition to the above. See below for rates.
*Contact us for updated prices. Prices on website subject to
change without notice.
PROCEDURES FOR
CONTESTED EVICTIONS
If the tenant
Answers
the complaint
and contests the eviction, our rates become hourly, and all
steps are the same except step 6, which goes like this:
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Step |
Procedure |
Time |
Cost |
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6a. |
Tenant files an Answer with the court.
Attorney immediately files MEMORANDUM TO SET CIVIL CASE FOR
TRIAL. About 10 days later court will assign a trial date,
which will be about 10 days after that notice (about 20 days
total since the Memorandum to Set was filed). (We need
another $1000 deposit at this time.)
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1 day |
$390 per hour (typically about one hour) From the time the tenant files a response to the eviction, hourly rates apply to all work on matter |
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6b. |
Wait approximately 20 days for trial date. On trial
date, Attorney and property manager or owner (whoever
handled the tenancy) go to trial and present case and get
judgment (hopefully) and then continue with step 7. |
20 days |
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$390 per hour (typically about one hour)
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FOR CONTESTED EVICTIONS
TOTAL TIME FOR CONTESTED EVICTION:
31 to 59 days
TOTAL ATTORNEY FEES FOR CONTESTED EVICTION:
$900 ($1,200 for commercial and $1000 for HUD/ Section 8) plus hourly rates * once answer is filed (typically 1 to 3 hours total)
TOTAL OTHER COSTS FOR CONTESTED EVICTION:
Approximately $400 court costs plus process service (usually $85 to $100 per tenant per serve)
NOTE:
If case
goes to trial and we win, judgment will include money judgment
for rent and attorney's fees (if available under lease terms)
and costs, at no extra charge.
*Hourly rates for Attorneys are $390 for Susan Marchant. Hourly rates for paralegals are $100 to $175. Whenever possible, we use the least expensive employee with the appropriate expertise for each task in the eviction process. In no event will the charges exceed what it would have cost for Susan Marchant Angel to perform all the work herself.
.
*Contact us for updated prices. Prices on website subject to change
without notice.
OTHER EVICTION INFORMATION
NOTICES
You do not have a legal right to evict anyone until you properly serve them with a correctly filled out notice. Ask us if you have any questions about how to do this. Also, be absolutely sure you name and serve every person residing in the premises who is over age 18, or you may find yourself starting again at the beginning. If you are not sure, let us know and we will advise you on the extra steps necessary.
CHARGES
We do not charge you by the hour for uncontested evictions. It has been our experience that clients feel more comfortable knowing in advance exactly how much we will charge for the eviction. We charge a total flat fee of $900 for an uncontested eviction ($1,200 for commercial or $1000 for HUD/ Section 8 premises), plus the court filing fee of $240, if rent owed is less than $10,000, or $385 if rent owed is over $10,000, and the process server's fee ($85 - $100 per tenant unless tenant is unusually hard to serve). In addition, you will pay $25 to the Court to issue the Writ of Possession and $125 to the Sheriff for the actual eviction. (You will get $22 of the Sheriff's fee back if tenant moves out before the end.)
However, if we enter into settlement negotiations with the tenant or the tenant's attorney, even if no Answer has been filed, we charge hourly* for negotiations and for preparing any necessary settlement agreements, such as Stipulated Judgments. We also charge hourly for all time spent on matters pertaining to the tenant’s deposit or personal possessions.
If the eviction is contested (meaning the tenant files an Answer or other pleading in court disputing your right to evict him or her), our charges become hourly.* Because we handle so many evictions, we do not need to learn the law at your expense, so the trial preparation and trial appearance typically take between one and two hours total. The content of the tenant's Answer pretty much determines the complexity of the trial.
YOUR CHANCES OF WINNING THE
TRIAL
There are usually two ways to lose at trial:
1) If the Three-Day Notice given was not exactly properly filled out (usually because it asks for late fees or interest or other amounts that are not technically "rent" or doesn't say for what dates the rent is owed), or not properly served, then it will be thrown out on a technicality. If you prepared your own notice, unless you are sure you prepared and served it correctly, it is safer to do a new Three-Day Notice. (Note: you may be able to ultimately recover late fees and interest, as well as damages to the property, but that requires further legal steps after the eviction.)
2) If the tenant convinces the judge the property is not "habitable" you may lose. (Usually not applicable in commercial premises.) That is to say, the place needs significant repairs of which you were aware and you refused or neglected to make them. If there is any chance the tenant will claim this, even if untrue, it is very important you tell us this before the trial date.
Barring one of those two disasters, you will probably get your judgment evicting the tenants. Our experience is that frequently tenants do not even show up at the trial, giving you an easy win.
OTHER DELAYING TACTICS
Rarely, tenants use one or more of the following techniques to further delay their eviction: file a Motion to Quash Service of the Summons; file a Demurrer to the Complaint; appeal the judgment; claim someone lives in the premises who was not named in the eviction; apply to the court for up to a 40-day stay (delay) of the judgment based on "hardship"; or declare bankruptcy. Fortunately, these ploys are uncommon and usually not successful, but you should be aware that any of these procedures could delay the eviction by a few weeks, and that some additional legal fees would be required. Also, if the tenant leaves personal belongings on the premises, you will have to store them somewhere (not necessarily to the premises) for 15 days, and you cannot "hold them hostage" against money owed
COLLECTIONS
Collecting money judgments from tenants is usually extremely difficult. We do not do Collections ourselves because we have found that the extremely slim chance of recovering any money from most tenants does not justify you spending more in legal fees. (In other words, it is just "throwing good money after bad" in most cases.) If you have reason to believe you can find an evicted tenant and collect the judgment from them (by attaching wages, bank accounts or other assets), we can refer you to attorneys who can assist you. If, on the other hand, the chances of collecting do not justify the costs and your time involved in such a procedure, you might be able to find a collection agency, who will attempt to collect for you. They charge a percentage (usually 35 to 50 percent) of the money collected, and they report judgments to the major credit reporting services, so the judgment will at least damage the tenant's credit rating unless it is paid.
WHAT WE NEED TO BEGIN THE EVICTION
Before we start the eviction,
we need
the following (see form attached for your convenience):
1. Copy of the Three-Day Notice (or a request for me to prepare
it).
2. Original of a proper Proof of Service of Three-Day Notice for
each tenant (unless we are arranging service).
3. Copy of lease or rental agreement (if case goes to trial,
original will be required). If no written agreement, please note
terms of tenancy, date tenancy began, etc.
4. Any changes (rent increases, etc.) in the rental terms since
the beginning of the tenancy, including date and method of
change.
5. Rental history and dates for which rent is owed.
6. Physical description of tenants, place of employment, and any
other information that might be useful for serving them with the
Summons and Complaint.
7. Original signed retainer agreement
(residential
or commercial).
Keep a copy for yourself.
8. A check or cash for $900 for attorney fees ($1200 for
commercial), and a check or cash for $400 for deposit toward
costs. (If we are to prepare and serve the Three-Day Notice, add
another $300 in fees and another $85 per tenant for process
service.)*
HOW WE DO EACH STEP AS SOON AS POSSIBLE
The most
important thing in evictions is whether each step is taken as soon
as it is legally possible to take it.
We take each step at the earliest possible time.
We will prepare
your Three-Day Notice or eviction lawsuit immediately upon
receipt of all the above items, so not one extra day of rent is
lost to you.
Please
Contact Us (415-453-5000) if you have any questions
we
have not answered or if you need any advice or assistance with an
eviction or any landlord-tenant matter. We look forward to being
of service to you.
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*Contact
us for updated prices. Prices on website subject to
change without notice. |
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