Sullivan Law
Notice to Quit
You need to serve a 7 day or 30 day notice to quit. The facts dictate which one, and it must contain language required by statue, and served in a specific manner. If it is not exactly correct, you will lose the court process if you need to go that far. You then have to wait out the time period to see if your tenant moves out or if you have to go to the next step. Sullivan Law will handle this first step for you and make sure it is done correctly for flat fee of $1,000 (this includes all fees, such as sheriff service costs). Once you see the next process is quite expensive, you should consider an alternative. Sullivan Law can provide you a contract with your tenant if they are willing to move for a fee. It may be worth offering your tenant $500 or $1,000 to move out with a contractual agreement instead of going to the next step. A contract to move is included in this $1,000 fee if all parties come to an agreement.
Eviction Court
f your tenant does not move, your next step is court. Sullivan Law charges an additional $2,500 flat fee for the next process (this includes all fees, such as sheriff costs for service multiple times, court filing fee, summons forms fees, and writ of possession fee). This flat fee includes everything through the end. The process gets more complicated from here. The sheriff needs to serve your tenant with a specific packet of paperwork including a court complaint form and a summons form with a court date. The court has a calendar of court dates available, which, depending on the court, are approximately 3-4 dates per month. The date chosen needs to be out a few weeks to allow the sheriff to serve the complaint packet at least a week prior to court, which is required by court system.
If your tenant continues to dig in, you will need to appear in court on the date served. The tenant has the option of a trial, but the court often requires mediation first. This all occurs at one time when appearing in court. If an agreement cannot be made, the trial starts. It may be a quick trial, and you will have to testify, but if your tenant insists on a trial, we have no choice. With Sullivan Law representing you, do not worry about testifying, you simply answer the basic questions your lawyer asks you.
Once the court orders the eviction, the process is far from over. Seven days later a writ of possession is requested from the court and obtained a day or two later. Then the sheriff serves the writ of possession, and he tenant has 48 hours to move. You then check to see if the tenant moved, and if not, you call the sheriff to physically remove the tenant. At that point you change all locks.
There is another step if the tenant left behind any property. You take photos and send them to your attorney to review for value. If it is determined it is all trash, then you can throw it away. If there appears to be anything of value left behind, the process depends on how high the value is. Your attorney will send a letter to the last known address of the tenant explaining the law and what can be done about the property. You may be legally required to store property for a while.
Summary of Cost
$1,000 flat fee and Sullivan Law will attempt to get tenant to voluntarily move. We do require that this fee be paid in advance of any work being performed by Sullivan Law.
$2,500 additional flat fee if tenant refuses to move and the court process must begin. This fee includes everything until the matter is finally concluded, including dealing with property left behind. We do require that this fee be paid in advance of any work toward the court process being performed by Sullivan Law.
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