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:
- ___ Double check the night drop, accounting box, etc. that funds were not received
- ___ 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.
- ___ Pull the 3-Day Notice served
- ___ Pull a copy of the rental agreement
- ___ Pull a copy of the latest rental modification; if any
- ___ Fill out the Proof of Service and have the property inspector sign it
- ___ 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.
- ___ Update the eviction section in the resident detail for tracking
- ___ Send the owner the eviction map with the evict1 memo
- ___ Stamp the rent receipt with the eviction stamp so rent is not mistakenly taken VERY IMPORTANT
- ___ 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
- ___ 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
- ___ Call the owner if paid in full
Legal Disclaimer
The information discussed in this manual and any Chapter, Article, Section, or reference thereof, which is included within it, is not intended to be given as legal advice. The publication of this material is only given in reference to discuss topics of concern and to bring them to the attention of the reader. Should the reader of the said materials have any questions regarding any of the content within this manual or its parts, as it relates to your business activities or interests, is highly recommended to seek legal advice from a licensed practitioner and to address them solely with their own appointed legal council.
The content and reference material included herein is based on the Statutes and Regulations of the State of California. The M1 Licensed Operating System, its owner, and or it affiliates, by way of publication of this material, is not to be regarded (in any way, form or context), as giving legal advice, nor endorsing the practice of law without a license, and highly recommends that any reader of the said material should seek their own legal advice and representation from a duly licensed law practitioner of the State for which applies to them.