Pre-Litigation Cost Effective Solutions
Most evictions are initiated because the tenant has failed to pay rent.
The goal of most landlords is to obtain payment of delinquent rent or regain possession of the property so that a new tenant can be obtained and the rental property can be re-leased.
Landlords know that evictions are expensive and time consuming. Court costs alone can run hundreds of dollars and it can take weeks to give proper notices, serve tenants, obtain the eviction and remove the tenant.
After the eviction, the landlord is then faced with the cost of restoring the rental unit and the cost of re-leasing it.
While this firm believes in a strict “no-pay, no-stay” policy toward delinquent tenants, it is sometimes better to motivate the existing tenant to pay past due rent and reaffirm the lease going forward than to evict that tenant and search for a replacement tenant.
Instead of letting the existing tenant who knows he or she is getting evicted “save” money for upcoming moving costs and a deposit on his or her next rental, it might be better for that existing tenant to pay their “savings” to the existing landlord and reaffirm the lease obligation.
In this regard, a demand letter from The Eviction Law Office might be taken more seriously than a letter from the landlord. This is especially true if the letter makes it clear the attorney intends to file for eviction, obtain a judgment and collect the judgment obtained through wage garnishments and all other lawful collection methods.
If a first demand letter does not motivate the existing tenant to pay and reaffirm, The Eviction Law Office will draft a second demand letter which also includes a fully prepared Forcible Detainer that has not yet been filed with the court. The second letter is served on the tenant by our firm and is referenced in our letter as an “eviction in process”. The tenant is further advised by our letter that the “eviction in process” can be stopped only by the landlord upon payment of the past due rent or working out an acceptable payment plan with the landlord.
All of this is an effort to save the landlord time, the cost of litigation, court fees and the cost of re-leasing. Our fee for this service is a flat fee and will depend upon the number and frequency of the letters we generate for you.
We can also review your standard lease to insure compliance with applicable laws and we can offer consulting services to improve the operation of your rental property business. Our staff includes accountants as well as lawyers and we represent and network with many third-party property managers.