To File Eviction OR…

Property-ManagementIt’s the first of the month, as a property manager, you know that most of your tenants will pay their rent on time. However, there is that certain few of your tenants that will be late, and just a very small percentage that will not pay. What to do with that small few that refuse to pay?

If you file eviction, then you will need to have them served, show up to court, have a rent determination hearing (may be the same day, might be a different day), the tenants will have time to deposit their rent to the court registry, and if they do, you are scheduled for trial. You have the trial, and you get your “writ of possession” to have the tenants removed from the property. Once the notice of the writ is posted, the tenants have 24 hours in which to vacate the premises. In that time, they are going to be angry, and have the potential cause THOUSANDS of dollars in damages prior to the tenants  finally being gone. Leaving you holding the bag for a HUGE rehab process that is going to be several times more than you have in deposit money. Your client the homeowner is NOT going to be pleased with you. Potentially, you could lose that owner and the rest of their properties that you manage.

What is the alternative? The judge is going to order mediation as part of the eviction process, so why not just start with mediation first? The Flagler Mediation Center can perform a “voluntary” mediation with you, the property owner, and the tenants. This will save you money in court costs, and will be a binding agreement that if the tenants violate, can be used for an expedited eviction process if you have to file eviction anyway.

When there is a mediated agreement, the homeowner has a better chance of getting the property back in a reasonable, non-damaged condition, and the tenants generally have enough time to find other suitable living arrangements. Why not try mediation first? The Flagler Mediation Center will even waive our fee if the case does not settle. If we contact the tenants and they refuse to participate, then your eviction option is clear.

We are NOT attorneys and we will not give legal advice before, during, or after the mediation process. We will act as a 3rd party neutral “facilitator” to find a solution that will work for all parties involved. Your mediator will create all documents and they will be signed by all parties, giving you a valid, binding agreement.

Our mediators have more than 10 years mediating landlord/tenant cases, and more than 15 years renting properties as investments. We will find a solution that works!

Give us a call for a free case evaluation or to ask any questions:

(386) 206-2954

Me.di.a.tion

personal-injury-mediation-lawyer-missouriWhat problems can the process of mediation resolve?

Without reservation, The Flagler Mediation Center can resolve most any pre-court conflict. With experience in many different types of conflicts, Stephen & Michelle Woodin can tackle even the trickiest problems between the parties. Once a compromise has been reached between the parties, the Mediator will memorialize this agreement to a written document for all parties to sign. The Flagler Mediation Center has a sliding fee for our mediation services, with the understanding that if the parties don’t at least partially settle, then the cost of mediation is FREE!

We can/will mediate the following cases with our settle or its free “guarantee”:

  • Divorce (including Timeshare & Child support issues)
  • Landlord/Tenant Problems
  • Contractor issues
  • Business Partner disputes
  • Neighborhood disputes
  • Caring for an older relative disputes (between family members)
  • Roommate disputes
  • Co-worker disputes

Most cases will be priced at a flat rate for 2 hours with our hourly rate of $275.00 billed in 15 minute increments for any time over the first 2 hours.

The role of the mediator is neutral, confidential, and professional with the goal of helping the parties to reach a compromise that they both can agree with, but more importantly, will follow through with. The mediator is NOT an attorney, so they will not give legal advice. They may suggest that one or both of the parties should seek advice of an attorney, but that action is certainly up to the parties prior to signing any binding, legal agreement.

The mediators will also not tell you what your chances of “winning” with the judge, or what the judge may/may not do in your particular case. Mediation is not a Win/Lose process, it is a compromise, so everyone really walks away a little unhappy, because most of the time, no one gets everything that they want. Since we are pre-court mediation, there is no “order” for the parties to attend, they must WANT to attend and participate actively in the process for mediation to work.

If you have a conflict that you would like us to look at, contact us by filling out the form below and we will contact you to get more information.

Mediations scheduled by appointment, including nights & Saturdays.

To inquire about availability or to schedule a mediation complete the form below