Fort Wayne Eviction Lawyer
Perry Law Office primarily represents landlords through the eviction process and collection of unpaid rent and damages against tenants who have defaulted/breached their lease. We also represent Landlords if they have been accused of discrimination and a Metro Complaint/Discrimination of Fair Housing Complaint has been filed against the Landlord.
Evicting a current tenant may not be as easy as it sounds. There are strict laws regarding evictions. Failure to comply with these laws could result in a delay or not regaining possession of your rental unit. We at Perry Law Office, want to make this process as easy as possible for you. We represent numerous apartment communities and independent owners in Allen County and the surrounding area.
A standard eviction is where the tenant failed to pay rent or violated some part of your lease. In special circumstances, you may need an Emergency Eviction. This is where you need immediate possession of the property for fear of danger to your property or other tenants. If you need to evict someone, contact Perry Law Office to discuss your rights.
We are very competitive in our fees, we offer a flat fee to handle the eviction plus the filing fee. Then if you proceed with damages, once you have possession, we handle on a contingency fee basis.
For the Eviction flat fee, Perry Law Office will:
- File the Notice of Claim – We have a Private Process Server which helps keep your costs down and provides for a quicker eviction hearing date. With a private process server, we can get you a hearing for possession (and normally a court order granting your possession) within 14 days of our office receiving the claim from you. Sheriff service of your eviction lawsuit is available but if serving by sheriff it will take at least 30 days for your hearing on possession.
- Attend the eviction hearing and obtain an Order of Possession. In most cases, your attendance at the possession hearing is not required.
- If necessary we will Request a Writ of Assistance from the Sheriff for physical eviction of tenants. This can be done if necessary 7 days after the court grants you possession but must be done (if necessary) within 30 days of the order of possession.
- Set a hearing to obtain a money judgment for rent and/or damages. If you are owed rent and/damages we will collect this for you on a contingency fee basis. This means you will not have any additional attorney costs unless we collect. Our fee will come out of the money we collect for you. If no monies are collected, you would not owe us any additional monies over and above the flat fee for the eviction. If we are successful in collecting from the tenants, we will also attempt to collect the court filing fee plus attorney fees if applicable. It is important that you have a clause in your lease providing for attorney fees in the event there is a breach of the lease.
In most cases, the entire eviction process will not require you or your employees to attend court. You will only need to make yourself available to our law firm by telephone on the eviction court date if any questions arise.
If no eviction is necessary (tenant moves out on their own or abandons the property), there is no flat fee and we will pursue a money judgment for you on a contingent fee basis.
Contact Perry Law Office Today
With Perry Law Office, you can rest assured that your claim for eviction and back rent/damages will be vigorously pursued.
We will help train your staff and answer any questions on the ever-changing laws surrounding landlord law free of charge. We are here to help you become the most efficient landlord possible. From time to time we also conduct training seminars for our clients on new and changing laws free of charge.
How much does an eviction lawyer cost?
We charge a flat fee plus court filing fees to file the eviction and obtain an order of possession and to request the assistance of the sheriff if necessary. Collection of unpaid rent and any damage the tenant caused is normally on a contingent basis.
Can a tenant sue a landlord for evicting them?
Yes, a tenant can file a countersuit, but there is rarely a legal basis with merit for that. More often we see a tenant file a complaint with Neighborhood Code Enforcement alleging some deficiency with the rental unit or a complaint with the Metropolitan Homeowner Relations Commission (Metro) for discrimination or perhaps a Fair Housing complaint. We represent Landlords in these matters.