Lawyer payment for eviction?

by **toryn34** » Tue Apr 17, 2012 11:31 am

I have a question about evictions for you.
When do you pay the lawyer?
I sent a 7 eviction notice to a tenant today, so he has time until April the 23rd to pay the rent or being evicted.
I asked the lawyer to start the eviction process and he wants $350 from me now.
What happens if the tenant pays by the 23rd and we have to dismiss the case?
Should I still send the lawyer the $350?

by **lamarr3** » Tue Apr 17, 2012 11:38 am

I would not pay him until he files the eviction.

by **macquaid35** » Tue Apr 17, 2012 11:44 am

We utilize an eviction service which costs ~$600. The money is paid at the commencement of eviction process. At that time we have exhausted 3-day notices and written and verbal requests for rent or payment (catch-up on rent) plans and the owner decides it is time to look for a new, hopefully more stable tenant. I do not know if there was a retainer fee at the beginning of the relationship, as we have used this service for years.

In my opinion, you should not begin paying for an eviction until you are 100% sure you want the tenant to leave, as once the process starts, some money will be forfeit if you stop the process before court dates are set.

by **gilleabart** » Tue Apr 17, 2012 11:47 am

I never heard of a 7 day eviction notice??? Had you already sent a 30 day notice??? If that passes, there is the 3 day"pay or quit" notice.

I'm thinking this is the lawyer's retainer and unless he or she specified in your written agreement, you won't get the money back because the work has already started. You still owe the lawyer for their time and work, so far.

If you take the tenant to court, legal fees may be able to get passed to the tenant.

by **dalon** » Tue Apr 17, 2012 11:49 am

it makes no sense whatever to use a lawyer to handle an eviction process. GO TO
small claims and do it yourself, in most states, actually, lawyers are NOT permitted
to file these motions as they are so low in $ amount and so easy to do.

I can talk you through one if you wish, I do it all the time; and I am free!

by **colum** » Tue Apr 17, 2012 11:55 am

If the laywer wants money now, you give it to him now.

"What happens if the tenant pays by the 23rd and we have to dismiss the case?" - You have to ASK THE LAWYER.

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