Terms of Engagement
Residential & Commercial Eviction
It is the goal of Klass Law Group to provide competitively priced eviction representation to landlords and property managers. We do this by offering to commence and prosecute eviction lawsuits on your behalf quickly and efficiently on a flat fee basis. Once you decide that a tenant must be removed from your property, we will accomplish the eviction as fast as legally possible.
In order to do this, we prepare, file and serve your eviction lawsuit promptly upon receiving the Notice that you have served your tenant. We earn our flat fee as soon as we confirm receipt of your Notice because by the time you receive our confirmation, we have prepared the eviction lawsuit, electronically filed it with the court, obligated our office to pay the court's filing fee, sent your eviction lawsuit out for service upon your tenant, and obligated our office to pay the process server.
Since the speed with which you recover possession of your rental unit is your and our primary concern, we will assume some discretion in dealing with your tenant to accomplish that goal. In some cases we can increase the probability that you will get possession of your property back sooner by entering into a stipulation (agreement) with the tenant. In cases where no agreement is made with the tenant and the tenant files an answer, you will have to assemble the necessary documents for the trial and will also have to appear in court with us.
When the court enters a possession order in favor of the landlord, the law still requires the court to wait 48 hours before issuing the a Writ of Restitution (the court's order to the county sheriff to physically remove your tenant from the rental premises).
Your flat fee does not cover any sheriff's fees charged to us when we obtain the writ and deliver it to the sheriff on your behalf. The county sheriffs will not accept any writ without payment. Each county sheriff charges differing amounts for their move-out services. We will bill you for the sheriff's fees that we advance on your behalf in addition to the flat fee for the eviction. If you later cancel the sheriff's physical move-out, then the sheriff may refund a portion of the sheriff's fee. When we receive any such refund, we will credit your account.
In the vast majority of cases, your flat fee will cover all steps in the process through delivery of the writ to the county sheriff. However, a small number of cases require extraordinary efforts by Klass Law Group on your behalf. Such efforts can be triggered by actions taken by your tenant. They may include the transfer of the eviction case to the District Court, the filing of a counterclaim, a demand for a trial by jury, the filing of an appeal, the filing of a petition for relief under the U.S. Bankruptcy Code, among others. Trials in these cases may be converted to hourly representation.
Evictions based upon grounds other than non-payment of rent often require extensive and challenging tasks and proof including serving subpoenas on police officers and other unwilling witnesses. Such trial can also be time-consuming. Trials in these cases may be converted to hourly representation.
In cases where we are evicting a business from its commercial location, opposition to the eviction is likely because the eviction will have drastic consequences for your business tenant. Any trial in the eviction of a commercial tenant will be billed to you on an hourly basis.
Accordingly, our office reserves its right to change the basis of our billing to you to hourly representation. In the unlikely event that this is necessary, we will discuss such change with you and give you an opportunity to ask any questions you may have with respect to such change.
Flat Fee Bankruptcy Motions
If your tenant stops the eviction process by filing a petition for relief under the U.S Bankruptcy Code, we will represent you in the filing of a motion for relief from the bankruptcy stay so that you may continue the effort to evict your tenant. We offer that service for a flat fee together with the bankruptcy court $150 filing fee. The flat fee covers examination of your relevant documents, research required to prepare the required court papers including a required search for active duty military activity, preparation of the various court filings, setting of the preliminary hearing, filing the papers with the court, appearance at the preliminary and any subsequent hearings, if necessary, and obtaining the court's order.
In cases other than evictions, we agree to represent you at our regular hourly rate of $250 plus expenses. Such cases may include evictions which are converted to hourly cases, litigation of counterclaims filed by tenants in response to your eviction lawsuit, security deposit disputes, contract actions with vendors, and Fair Housing Act and other discrimination claims. We will keep track of the time we spend on your legal matter. Each month you will receive a bill from our office setting forth the dates on which tasks were performed on your matter, a brief description of the task performed, and the time spent on each task.
Expenses may include copying costs, mailing, travel/mileage expense, court filing fees, service of process fees, transcripts, recording fees, etc. Extraordinary expenses will not be incurred without first discussing same with you.
Our invoices are due upon receipt. If you have any problem with our billing, you are expected to contact us to discuss the issue. Failure to make payment when due and a failure to contact us to discuss any problem with the billing may result in our firm withdrawing as your attorney. Withdrawal requires the preparation and filing of a motion to the court and the court's permission. The time spent preparing such motion will also be billed to you.