Eviction Filing Preparation

This List is used to prepare to file 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 Filing Prep Checklist

The following steps are to be followed once you are ready to file an eviction:

  1. ___   Double check the night drop, accounting box, etc. that funds were not received
  2. ___   Check occupancy to confirm the resident is still in possession of the property. You can check this by calling the resident on the phone. If you have had no contact with the resident then the Property Inspector will need to go to the property to check occupancy. You may have to wait 24hrs before filing if occupancy could not be determined and a notice was posted.
  3. ___   Pull the 3-Day Notice served
  4. ___   Pull a copy of the rental agreement
  5. ___   Pull a copy of the latest rental modification; if any
  6. ___   Fill out the Proof of Service and have the property inspector sign it
  7. ___   Fax/email over all documents to the eviction service; they will email you back a confirmation of receipt normally the same day. If you do not receive it, contact the eviction company to confirm.
  8. ___   Update the eviction section in the resident detail for tracking
  9. ___   Send the owner the eviction map with the evict1 memo
  10. ___   Stamp the rent receipt with the eviction stamp so rent is not mistakenly taken  VERY IMPORTANT
  11. ___   Each week you will give the owner a call with the update as well as send out the eviction map with the eviction memo until the eviction is cancelled due to paid in full, resident vacating prior to completion or lockout
  12. ___   If the resident pays in full, you must immediately send over notice to the eviction service to cancel the eviction and update the notes in the system
  13. ___   Call the owner if paid in full

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