Eviction cases carry high stakes! These disputes are stressful and can significantly impact your bottom line. They can influence cash flow, tenant relationships, and even your reputation in the community. A single hangup in the process can lead to delays, legal setbacks, and even unfavorable outcomes in court.
This article is designed to help you understand what to do—and, more often, what not to do—during an eviction case.
Many property managers and landlords inadvertently sabotage themselves through avoidable mistakes, such as failing to follow proper procedures or taking actions that violate tenant rights or legal expectations. You may find these issues familiar as professionals already working in the field. Yet, we can’t stress enough how often career length does not correlate with proper procedure.
The focus here is on the action areas of an eviction case—those moments where your decisions and actions, or lack thereof, directly influence how the court and judge respond.
You’ll also notice the structure of this article is flexible. You don’t need to read it from start to finish. Feel free to jump to the sections most relevant to your situation, whether you’re preparing notices, documenting issues, or addressing litigation needs.
Finally, this guide is meant to be a resource to help you not sabotage your own case. Some of the items below may seem like information from textbook 101 on eviction procedures. But it is vitally important that you make sure you do these things each and every time you’re involved in an eviction case. So often, it’s these “eviction 101” items that cause a case dismissal.
*This article is for educational purposes only and does not constitute legal advice. Educating yourself is very important and will streamline and reduce your legal risk. However, seeking professional legal counsel consolidates your efforts and pre-emptively ensures compliance whenever issues inevitably arise.
The Notice Period
Laying a Proper Foundation
The notice period is the first and arguably one of the most critical steps in the eviction process. This stage establishes the legal groundwork for everything that follows. Mistakes during the notice period can lead to delays, case dismissals, or other complications that waste time and resources. Property managers are often responsible for handling this stage, and errors here can jeopardize the entire case.
In this section, we’ll examine property managers’ common mistakes during the notice period and provide actionable advice from an attorney’s perspective to help avoid these pitfalls.
Avoidable Mistakes Property Managers Make
Choosing the Wrong Notice Type for the Situation
Each eviction situation requires a specific type of notice. For example, a non-payment eviction typically calls for a 3-Day Notice to Pay Rent or Quit, while a lease violation may require a different notice entirely.
Using the wrong type of notice invalidates the process and forces you to start over.
Omitting Required Details or Including Inaccurate Information
California law requires notices to contain specific information, such as the tenant’s name, the property address, the reason for eviction, and the exact steps the tenant must take to remedy the situation (if applicable).
Missing or inaccurate details make the notice invalid in court.
Improperly Serving the Notice
Notices must be delivered in compliance with California’s service rules. Improper service methods—such as taping the notice to the door without proper documentation or sending it by regular mail without additional steps—can give the tenant grounds to contest the eviction.
Relying on Outdated or Boilerplate Notices
Boilerplate templates may not reflect the latest changes to California eviction laws. Relying on these without verifying their accuracy could lead to noncompliance and complications down the line.
Attorney’s Advice for Property Managers
Consult with the Attorney to Ensure the Correct Notice Type Is Used
Always confirm with your attorney that the notice you plan to serve matches the specific reason for eviction. Laws can vary depending on the cause (e.g., non-payment, breach of lease, or termination of tenancy).
Double-Check Notice Details for Accuracy and Compliance
Before serving the notice, review it carefully to ensure all required information is correct and complete. Even minor errors can derail the process. It’s better to spend extra time verifying now than risk delays later.
Use a Process Server or Neutral Third Party for Delivery, When Necessary
Personal delivery of the notice is the expected method, as it provides immediate proof of service. However, if personal delivery is not feasible (feasibility would be things like safety concerns, etc. – not because you feel you don’t have time or don’t want the hassle), hire a licensed process server or neutral third party to ensure compliance with service rules.
Avoid simply mailing the notice or taping it to the tenant’s door, as these methods are unlikely to hold up in court.
Preparing for the Lawsuit
Building a Solid Case
The next step is preparing for the lawsuit once the notice period has passed without resolution. At this stage, property managers play a crucial role in ensuring the case is built on a strong foundation. The attorney handling the Unlawful Detainer filing depends on accurate and well-organized information to present a compelling case in court. Any gaps or errors in preparation can lead to delays or weaken the case.
In this section, we’ll discuss common pitfalls property managers should avoid and actionable steps they can take to support their attorneys effectively.
Common Mistakes by Property Managers
Failing to Document Tenant Issues Thoroughly
Property managers often overlook the importance of maintaining detailed records of tenant behavior, such as missed rent payments or lease violations. Without clear and consistent documentation, it becomes difficult for the attorney to prove the validity of the eviction in court.
Delaying Communication with the Attorney After the Notice Period Ends
Once the notice period expires, any delay in contacting the attorney can stall the process. Prolonged inaction may allow tenants more time to prepare defenses or complicate the eviction.
Providing Incomplete or Disorganized Records
Delivering a mix of incomplete, outdated, or poorly organized documents to the attorney makes their job more difficult. Missing evidence or unclear timelines can undermine the strength of the case and waste valuable time.
How Property Managers Can Help Their Attorney
Keep Detailed Records of All Tenant Interactions, Payments, and Violations
Maintaining a thorough log of all tenant-related activities is essential. This includes documenting payment histories, lease agreements, complaints, and notices. The more detailed and organized the records, the easier it will be for the attorney to build the case.
Notify the Attorney Immediately When the Notice Period Ends Without Resolution
Time is critical in eviction cases. As soon as the notice period expires, contact your attorney to begin the lawsuit process. Prompt communication ensures no unnecessary delays and allows the attorney to move forward efficiently.
Deliver Clear and Complete Documentation to Assist with Unlawful Detainer Filings
Provide the attorney with all relevant documents in a structured manner. Include the original lease agreement, payment records, correspondence with the tenant, and a copy of the served notice.
Clear, chronological documentation helps the attorney present a coherent narrative in court.
Provide Evidence in a Format That Is Easy to Review and Use in Court
Avoid sending incomplete files or documents scattered across multiple formats. Consolidate evidence into a clear format, such as PDFs or well-labeled folders, to make it easier for the attorney to review and use in court proceedings.
During the Lawsuit
Property Manager’s Role and Limitations
Once the lawsuit has been filed, the property manager’s role shifts to supporting the attorney and complying with legal protocols. At this stage, the property manager must act cautiously to avoid undermining the case. While the attorney manages court filings and legal arguments, the property manager’s involvement centers on providing accurate information, adhering to professional standards, and avoiding actions that could harm the case.
This section outlines the key mistakes property managers should avoid during the lawsuit and provides practical guidance for their courtroom involvement.
Mistakes to Avoid
Attempting to Contact the Tenant Directly After the Lawsuit Begins
Once legal proceedings are underway, any direct contact with the tenant regarding the case can be interpreted as harassment or intimidation. This can lead to legal consequences or give the tenant grounds to counter your claims.
Making Offhand Comments or Emotional Outbursts in Court
Courtrooms require professionalism and composure. Inappropriate remarks or visible frustration can negatively impact how the judge perceives your case, potentially influencing their decision.
Showing Up Unprepared for Hearings or Neglecting to Appear When Requested
Being unprepared or absent for scheduled court appearances can delay the case or, worse, result in rulings against you. Property managers must stay organized and ready to contribute when needed.
Attorney’s Guidance for Courtroom Involvement
Refrain from Discussing the Case Directly with the Tenant
Let the attorney handle all communication with the tenant once the lawsuit begins. This prevents misunderstandings or actions that could be construed as inappropriate.
Follow the Attorney’s Instructions on Courtroom Behavior and Demeanor
Your attorney will guide you on how to present yourself in court. Be respectful, concise, and professional in your interactions with the judge and opposing counsel.
Provide Any Requested Documents or Testimony Promptly and Professionally
If the attorney asks for specific evidence or testimony, respond quickly and ensure all information is accurate. Clear and timely responses help maintain the flow of the case and strengthen the attorney’s argument.
Ensure Any Personal Statements Align with the Documented Facts of the Case
If you are required to speak in court, make sure your statements match the documented evidence. Consistency is critical to maintaining credibility with the judge.
Post-Lawsuit Enforcement
Ensuring Compliance with the Judgment
Once the court issues a judgment in favor of the landlord, the final stage of the eviction process involves enforcement. Here, the property manager must exercise caution and precision. Missteps during enforcement can undo all the progress made during the lawsuit and expose the landlord to further legal challenges. The sheriff typically executes the court’s judgment, but property managers still play a critical role in coordinating the process and managing the aftermath.
This section outlines common mistakes property managers make during enforcement and provides attorney-recommended best practices for handling this stage.
Property Manager Errors That Complicate Enforcement
Attempting “Self-Help” Eviction Methods Before the Sheriff’s Involvement
Self-help eviction methods, such as changing locks or removing a tenant’s belongings without the sheriff’s supervision, are illegal in California. These actions can result in legal penalties and liability for damages, even after a favorable court ruling.
Mishandling Tenant Belongings Left Behind
California law has strict rules about handling tenant belongings after an eviction. Mishandling or disposing of items without following these procedures can lead to claims for damages or additional legal complications.
Ignoring the Attorney’s Advice on Post-Judgment Procedures
Post-judgment enforcement requires strict adherence to legal processes. Failing to follow the attorney’s guidance during this stage, such as coordinating with the sheriff or managing tenant property correctly, can create unnecessary problems.
Attorney’s Instructions for Property Managers
Coordinate with the Attorney and Sheriff to Enforce the Court’s Judgment
Work closely with your attorney to ensure all actions comply with the court order. The sheriff is responsible for removing the tenant, so let them manage the physical enforcement of the judgment. Your role is to assist as needed without overstepping.
Follow California Laws on Storing and Disposing of Abandoned Property
California law specifies how to store abandoned property, notify the tenant, and dispose of items if unclaimed. Familiarize yourself with these requirements or rely on your attorney’s guidance to avoid legal disputes.
Work Closely with the Attorney to Handle Security Deposit Issues and Finalize Documentation
After removing the tenant, address any outstanding security deposit matters promptly and legally. Provide the tenant with an itemized list of deductions, if applicable, and keep thorough records of all post-eviction activities for future reference.
Key Takeaways
Working Effectively with Your Attorney
Collaboration between property managers and attorneys is vital to achieving a successful outcome throughout the eviction process. Each party brings unique expertise and responsibilities, but the property manager’s ability to gather and organize information, follow guidance, and adhere to legal procedures sets the tone for an efficient and legally sound case.
Here are the most important points to remember:
- Property Managers Play a Critical Role in Case Preparation
Your role as a property manager involves documenting tenant behavior, serving notices correctly, and keeping accurate records. The quality of the information and evidence you provide directly impacts the attorney’s ability to build a strong case.
- Following the Attorney’s Guidance Minimizes Risks
Attorneys rely on property managers to execute their responsibilities within the boundaries of the law. By deferring to your attorney’s advice—whether for notices, courtroom behavior, or post-judgment procedures—you reduce the risk of errors that could delay or jeopardize the case.
- Proper Communication and Legal Adherence Are Essential at Every Stage
Open and prompt communication with your attorney ensures the case progresses smoothly. Equally important is strict adherence to California’s legal procedures, from serving notices to handling post-eviction property matters. Together, these efforts safeguard your case against unnecessary complications.
Mehigan Law – Professional Eviction Legal Services
Mehigan Law has served California’s property management and independent landlord communities for over 45 years. We take pride in our ability to give your business and each case the personal attention it deserves.
We understand that every business and property environment is different. Each requires a thorough understanding of the unique challenges and needs in order to successfully manage eviction compliance. We consider all overlapping layers of legal jurisdiction and help you efficiently navigate disruptions to normal business operations.
Contact us today to set up a consultation or ask questions about a specific eviction challenge you’re facing. We handle notices, Unlawful Detainer filings, litigation, and court processes. We’re ready to assist, whether it’s laws, policy, procedure, or the eviction process.
