Determine Proper Notice: There are over a dozen different types of notices that could apply to an eviction. Different notices are required depending on how long the tenant lived at the residence, the year the home was built, if the notice is given to the tenant during the lease, and the reason for eviction. If evicting for missing rental payments, the amount must be precise. This amount cannot include fees or interest and must give proper method of payment and instructions. Note: Instructions for payment must also be lawful. Payment locations must be within 5 miles in some cases and other quirky requirements must be completed.
Compliant Service of Notice: After determining the proper notice, the proper method of service must be used. Notice service rules differ from serving the beginning of the eviction lawsuit. One attempt is permitted and if the tenant(s) is not home, a “nail and mail” is permitted. In this process, the server is permitted to leave the notice on the door. However, the server must also mail the document to the residence the same day.
Substituted Service: If another adult opens the door, the server can provide the notice to that adult only if the adult lives at the location. Otherwise, the service can fail and the process must start over.
Proof of Service: Regardless of the service process, a “Proof of Service” is required. This is a sworn document which outlines the service procedures and tells the court how the notice was served. These documents will be needed to initiate the eviction proceedings.
*A majority of evictions are deemed insufficient because the notice or service of notice was improper.*
Verify Expiration of Notice: Once notice is given, the eviction lawsuit cannot be filed until the notice expires. Notices give a deadline (i.e. 3 days) and sometimes an option (Pay or Quit). The lawsuit cannot start until the proper notice is given, served, and the notice expires. We carefully monitor the expiration date so that evictions proceedings begin timely. Starting too soon can result in having the eviction case dismissed and force to start over. Starting too late gives the tenant too much time to remain on the property. We aim for the right balance.
Filing Court Documents: After review and signature of documents, all documents will be filed to initiate the eviction proceedings. Our process includes e-filing using our court registered account. We will add your preferred email address to the filing so you are notified as soon as court action occurs.
Court Tracking and Monitoring: Upon filing we start the court tracking process. The vast majority of evictions occur with no tenant response. In those cases, we continue to monitor for lack of tenant answers and file proper default judgement paperwork.
Tenant Response Assistance: We monitor for any responses filed by the tenant. If a response is filed, we assist by filing the proper documents setting the case for trial. If requested, we can assist with asking the tenant for documents to prove their defense. We can also assist with preparing your documents for trial.
Our Approach
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