upcoming notice to vacate

[younghoss]

I posted proper Notice to Vacate form, for lack of rent, gave tenants 7 days to get out. I also offered a compromise if they'd leave by deadline. Nevertheless, I don't expect that they'll be out. Assuming they are not, I know next step is filing in court to get them forced out. A friend says :

1) that an attorney must file on my behalf, and
2) that the fee is typically $500, and
3) that cost is NOT permitted to be passed on the the tenant.

I find that hard to believe that no part of the cost of an eviction(court costs and atty fees) is recoverable, since the tenant is at fault for it all. I'd like a more informed opinion than just a friend. There is nothing in our lease specific to these costs. Can anyone help me with definitive answers to my friend's 3 points?

Also- would it be smart of me to add a phrase to all future leases- something like- if any court actions are necessary due to breach of this lease, losing party will pay all costs of winning party?

[Linda P]

Is the house deeded in your name or to your LLC?
It depends on the area and what is demanded of the court. If you are an LLC, I know some cities say you have to have a lawyer handle the eviction. I don't know of anywhere that won't let you do an eviction yourself if the house is deeded in your name. Call your court and ask.

[cjh]

Here I give a 3 day Notice to Leave Premises (unconditional quit), not a 7 day. After the 3 days expire (not counmting the day they recieve it or weekends), I file the eviction case. Filing fees vary by county (here the eviction filing fee is $136). After obtaining the eviction, the set out fee to the sheriff here is $270. As the previous poster said, you don't need an attorney if the property is deeded to you. Do you really want to put that attorney clause in there? So if your case is thrown out on a technicality, you then owe for their attorney? You can just ask for the court and attorney costs as part of the monetary judgement. I'd leave that clause out.