Eviction - Unlawful Detainer Trial

This List is used to prepare for an Unlawful Detainer Trial. This is done when a resident has failed to pay rent or make arrangements to pay rent within the allotted time frame, in addition to having given proper notice by posting a "3-day Pay or Quit Notice"on the door of the rental a "3-day Pay or Quit Notice"as well as mailing a copy to the property, . By not paying the rent, the resident(s) is(are) in breach of there lease and forfeit their right to the property, meaning that the resident(s) and "all unnamed parties" that are residing in the home are doing so without proper cause. However, it is for a Judge to decide if they are detaining the property unlawfully and would need to be evicted by a court order and locked out by the Sheriff.  

It is recommended for you to Package all documents, for a final review, no later than 10 days prior to the filing. The package is then submitted to a supervisor for the office, to get their approval.

Eviction Trial Checklist

Preparing for trial

  1. Pull the property file
  2. Print a copy of the notepad
  3. Print a copy of the rental agreement
  4. Print a copy of the latest rental modification (if applicable)
  5. Print a copy of the 3Day Notice (or notice used to file eviction)
  6. Print a copy of the account ledger
  7. Print out any work orders & invoices that may apply to the resident’s claim
  8. Print out any other pertinent information that applies to the resident’s claim

At Trial

You will be represented by an attorney who will assist in the negotiations of attempting to sign a settlement agreement for the resident to agree to pay or vacate the premises. (We recommend not giving the resident more than 14 days to vacate in the negotiations)

After Trial

  1. Update the court outcome into the property notes in M1 Software
  2. Contact the owner of the property and update the outcome of the court trial
  3. Tickler for the projected follow up date based on the outcome (date resident scheduled to pay, date resident scheduled to vacate, etc.)

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