Firm Philosophy
Our firm philosophy is simple: Hire us and go to the beach. We'll take care of everything. We'll keep you apprised of what's happening with your case. The eviction process can be cryptic and frustrating for landlords. Every landlord has had, or has heard, an eviction nightmare story. With the right lawyer, however, the eviction process can work smoothly, quickly and to the landlord's benefit. Mr. Burns is an experienced real estate litigation and trial attorney and he can help you. If you need help with a problem tenant, give Mr. Burns a call at (619) 243-1757.
Evictions
The Law Office of Howard F. Burns is a full-service evictions firm that represents individual rental property owners, multi-unit apartment complex owners, REO companies, property management companies, and real estate investment companies in state eviction (unlawful detainer) actions. The firm handles:
– Residential Evictions
– Commercial Evictions
– Evictions After Foreclosure
-- Lease Collections
– Collection of Money Judgments
Mr. Burns’ involvement can, at the client’s election, begin as early as the tenant notice, with Mr.Burns preparing and having served on the tenant the applicable notice to quit. If the client elects to handle the notice, and an eviction becomes necessary, Mr. Burns will represent the client from start-to-finish, including:
– Filing and serving the unlawful detainer lawsuit;
– If the tenant does not file an answer, preparing and filing, on the first day that the law permits, all default, judgment, and enforcement pleadings necessary to obtain lock-out at the earliest possible date;
-- If the tenant does answer, immediately filing a request to set the case for trial. Unlike eviction companies, Mr. Burns will also represent the landlord at any pre-trial hearings as well as at trial. After trial, Mr. Burns will prepare and have filed, within one day, all judgment and enforcement pleadings necessary to obtain a speedy lock-out of the tenant;
– Obtain a money judgment in favor of the landlord and against the tenant for all past rent, damages, litigation costs and, if a written lease between the parties authorizes it, the landlord’s attorney’s fees;
– Collect the money judgment on a contingent fee.
-- Respond personally to all client telephone calls and emails and, unlike non-lawyer eviction companies, provide answers to client legal questions and provide clients with legal guidance and advice.
– Residential Evictions
– Commercial Evictions
– Evictions After Foreclosure
-- Lease Collections
– Collection of Money Judgments
Mr. Burns’ involvement can, at the client’s election, begin as early as the tenant notice, with Mr.Burns preparing and having served on the tenant the applicable notice to quit. If the client elects to handle the notice, and an eviction becomes necessary, Mr. Burns will represent the client from start-to-finish, including:
– Filing and serving the unlawful detainer lawsuit;
– If the tenant does not file an answer, preparing and filing, on the first day that the law permits, all default, judgment, and enforcement pleadings necessary to obtain lock-out at the earliest possible date;
-- If the tenant does answer, immediately filing a request to set the case for trial. Unlike eviction companies, Mr. Burns will also represent the landlord at any pre-trial hearings as well as at trial. After trial, Mr. Burns will prepare and have filed, within one day, all judgment and enforcement pleadings necessary to obtain a speedy lock-out of the tenant;
– Obtain a money judgment in favor of the landlord and against the tenant for all past rent, damages, litigation costs and, if a written lease between the parties authorizes it, the landlord’s attorney’s fees;
– Collect the money judgment on a contingent fee.
-- Respond personally to all client telephone calls and emails and, unlike non-lawyer eviction companies, provide answers to client legal questions and provide clients with legal guidance and advice.
Additonal Services
Mr. Burns also represents landlords in lawsuits brought by tenants, typically for cases alleging wrongful eviction, breach of lease, wrongful disposal of tenant property left on the premises, or breach of the implied warranty of habitability. Mr. Burns also represents landlords as creditors in federal bankruptcy cases filed by the tenant.
Attorney's Fees and Costs. Uncontested Residential Evictions Starting At $299.00 Plus Costs
The total cost of an eviction in California is made up of the attorney fee and the costs. Costs are expenses that must be paid to third parties to perform services essential to your eviction case. Costs in an eviction case typically include filing fees, process server charges, and sheriff's fees. Regarding filing fees, the filing fee for an eviction case where you are seeking $10,000.00 or less is $240.00. If the landlord is suing for more than $10,000.00 but less than $25,000.00, the filing fee is $370.00; if the amount is over $25,000.00, the filing fee is $385.00. Process serving charges typically run around $150.00. The Sheriff's charge for the lock-out is $125.00 and the filing fee for the writ of possession is $25.00. Thus, in a typical case, costs will run around $540.00. The attorney's fee of $299.00 for an uncontested residential eviction is added to that for a total charge of $839.00 for up to two adult occupants; $884.00 for three; and $929.00 for four.
In contested cases where the tenant does not have a lawyer, the same charges apply except that, if the case goes to trial, there is an additional attorney fee of $275.00. If the tenant contests the case and has a lawyer, or for commercial evictions, Section 8 evictions, or evictions after foreclosure, the attorney's fee is an hourly rate of $225.00. For defense of tenant lawsuits, the fee is also $225.00 per hour. Additional charges may also apply is the tenant files bankruptcy because the landlord will have to file a motion in the federal bankruptcy court in essence asking the bankruptcy court for permission to go forward in state court with an eviction case against the debtor/tenant.
In contested cases where the tenant does not have a lawyer, the same charges apply except that, if the case goes to trial, there is an additional attorney fee of $275.00. If the tenant contests the case and has a lawyer, or for commercial evictions, Section 8 evictions, or evictions after foreclosure, the attorney's fee is an hourly rate of $225.00. For defense of tenant lawsuits, the fee is also $225.00 per hour. Additional charges may also apply is the tenant files bankruptcy because the landlord will have to file a motion in the federal bankruptcy court in essence asking the bankruptcy court for permission to go forward in state court with an eviction case against the debtor/tenant.
