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Before and if they handle the settlement they keep the fee (presumably depending on fee structure). Its likely a flat rate regardless of outcome.
This is I can discuss. Eviction lawyers usually charge up front, and most eviction lawyers suck. They’re pathologically afraid to go to trial. And charge you more if you just don’t say “cash for keys.” I dealt with the this personally and got really pissed off to the point where I waived into the state where our multifamily properties were (since sold that portfolio) just so I could do it myself. I was ruthless about going to trial, and everyone on the other side—usually pro bono—back down immediately and the people were gone. I actually told more than a few pro bono lawyers they were going to work their asses off for a client who wasn’t paying, and I actually made them do so. After a few motions problem tenants were gone. But it still took a lot of time with no rent being paid. That’s the point of looking at investing in multifamily—it can be very problematic in certain states. It was a lot easier to get the undesirables out in Texas than it was in Illinois.
It was a number of LLCs (and in this sate I had to be a lawyer to appear in court). But these people were just, really, people not paying rent. Which brings me to the point of prospective multifamily landlords to be very careful about where they purchase. And I’ll bet you were against one of those eviction lawyers who are afraid of going to trial and, honestly, the landlords were cheap and didn’t want to pay these lawyers enough. And if you wouldn’t mind, what state were you in? That will basically make my point.