INSURING A SMOOTH RESIDENTIAL EVICTION
Evictions are being contested at a record rate. Residents are hiring attorneys at a record rate. While many residents have no legal basis for contesting the eviction, they are still able to file an answer with the court and too often get a court hearing, which causes significant delays. Most of the time, the resident does not win in court, but the resulting delay causes significant financial harm to the manager. In many cases a resident will contest the eviction and actually have a legal basis for contesting the case. Some successful defenses to an eviction action include but are not limited to:
1. Late charges on the Three Day Notice which are not considered “additional rent” in the lease.
2. Amounts other than rent on the Three Day Notice.
3. A pattern of late payments.
4. All adults not on the Three Day Notice.
5. Address discrepancies.
6. Notices or letters sent to the resident AFTER the Three Day Notice given.
7. Verbal agreements or conversations between manager and resident.
8. Accumulated late charges.
9. Deficiency or repairs needed on the property.
10. Failure to receive notice
11. “Hard times defense”
12. Denial of noncompliance
While it is impossible to prevent a resident from contesting an eviction, it is possible to LIMIT the things for which the resident can contest. This is actually very easy, but takes a commitment on the part of the manager to do it correctly. Over 50% of all paperwork that comes into our office for eviction filing is wrong in one or more ways. This is unnecessary and inexcusable. It creates more work for the attorney and staff and often requires a re-do of the notice or notices. Redoing the notice results in delays and more money is lost by the manager unnecessarily. Following the Speedy Eviction Tips and using the Three Day Notice Checklist can cut down on mistakes substantially. Successful managers use checklists and procedures manuals. Haphazardly preparing and servicing notices is a recipe for disaster.
“SPEEDY EVICTION TIPS”
EXAMINE! - - Is the Certificate of Service filled out on your 3 day? Are all residents listed?
EXPLAIN! - - Explain any strange amounts that do not match up to your lease rent amount.
FAX OR EMAIL! - Send all pages of lease and 3 day notice. Don’t forget the back pages!
USE A FAX COVER SHEET IF NOT EMAILING – Use your attorney provided transmittal form or fax cover sheet
CONFIRM! - - Call and confirm that your attorney has received all pages. A fax machine or scanner can pull through more than one page at a time! A power outage can make it appear that your attorney has received a fax, but in actuality, it was in memory and now is gone forever!
SEND EARLY IN THE DAY!!!! - - Most of the time there is no charge to you if the case is pulled before it is filed with the Court
CALL IF YOU FIND RESIDENT’S PAYMENT IN THE MORNING!!!
- ADDRESS: The address on the notice must be correct. a full and complete address is necessary, i.e., county, unit #, left or right side, upstairs or downstairs, street, road, drive, etc. Note: if notice/lease do not match completely, please confirm the proper address on the cover page.
- DATES: The dating of the notice is crucial. i.e., three full business days, excluding Saturdays, Sundays, legal holidays and the day you serve it. Note: Please make sure the certificate of service is filled out completely prior to faxing the notice to our office.
- AMOUNTS: Only the past due undisputed amount of rent should be on the notice. if there are any other charges on the notice they must be considered “additional rent” Note: if the amount on your notice does not match exact amount of one month rent per the lease please provide us with a breakdown of the total.
- NAMES: All adult occupants should be listed on notice, i.e., those who are on the current lease but may have moved out and those who are not on the lease but have established tenancy. Also, correct spelling and the full names are necessary. Note: If the notice is inconsistent with the lease please give an explanation on cover page.
- DOCUMENTS NEEDED TO BEGIN EVICTION: COVER PAGE Please review the information above, this will help us to speed your request. Include permission to file the eviction(s) and any information and explanations of discrepancies, etc. as stated above if necessary. LEASE Please fax all the pages of the lease, if there is no lease please provide the terms on cover page, (i.e., month to month, week to week, rental amount, the day rent is due, etc.) EXPIRED NOTICE i.e., Three day, non renewal, etc. THREE DAY AMOUNT BREAKDOWN FORM. (Breakdown three day amount only)
REMEMBER! YOU CAN NEVER ALTER A NOTICE AFTER SERVICE
- The Curable Noncompliance Examined PART 1
- THE CURABLE NONCOMPLIANCE EXAMINED PART 2
- THE WRIT OF POSSESSION – WHAT IT IS
- THE WRIT OF POSSESSION AND THE FULL UNIT
- WORK ORDER COMPANY POLICY AND THE LAW