Your tenant failed to pay rent. You have heard that things are not going very well for them, but now it is apparent. As a property manager your duty and obligation is to resolve the issue as quickly as possible, especially in cases involving an impending eviction, also known as an unlawful detainer action. Importantly, notify the property owner as soon as possible so they are entirely aware of the situation as well. Remember, after issuing an Eviction Three-Day Notice, swift action is required.

Understanding the implications of an unlawful detainer action can greatly affect the outcome and the speed in which you remove the breaching tenant.

When dealing with an Eviction Three-Day Notice, it is essential to understand your rights and the rights of the tenant involved.

When the tenant failed to pay by the due date they have effectively breached the lease, and you are entitled to evict the tenant from the property through a legal process. An eviction lawsuit, commonly called an Unlawful Detainer action, typically follows the issuance of an Eviction Three-Day Notice. The important thing for property managers to know is that the steps involved in this process are critical and must be followed to the letter of the law.

A real estate attorney representing each parties in the action is common, unless the tenant is destitute and is not contesting the fact that they failed to pay rent. If your property manager has followed the law, given proper Notice, including properly serving the Three-Day Notice, and has a detailed file of all of the correspondence between the tenant and their company, the unlawful detainer action should go fairly smoothly and the landlord or owner should prevail.

It’s advisable to keep an accurate copy of the chronology of all conversations and correspondence between the property manager and the breaching tenant for record-keeping, for court simplicity, and future reference for the eviction attorney. Having a well-documented process for issuing the Three-Day Notice can help protect the landlord’s interests.

During this three-day waiting period, it’s essential to be prepared for any communication from the tenant regarding the eviction process or Three-Day Notice service.

If at all possible, the property manager should make every effort to get the tenant to make the rent payments and bring their lease current before issuing any three-day notice. If this involves waiting a few extra days for payment, maybe this would be the best course of action instead of filing a lawsuit. Your individual company policies and best practices will dictate this action, but it would be better for all parties to resolve before litigation.

Understanding the Eviction Three-Day Notice Process

What happens if the tenant contests the eviction?

In the event the tenant hires an attorney and contests the eviction then things will take a while longer.  The tenant will be granted more time to prepare and there will be approximately thirty-day period in which a trial will be set.  If the landlord wins then the tenant will have to pay the rent and other losses most likely including attorneys’ fees.  If the tenant wins the landlord may have to pay attorneys’ fees.  In this situation a property manager should be represented by counsel.

Does the Landlord or Property Manager have the Right to Lock Out the Tenant?

Assuming a landlord victory the county sheriff will post a ‘Five-Day Notice to Vacate’ the premises on the tenant’s door or entry into the business.  On the sixth day the sheriff meets the landlord or property manager at the property.  The landlord or property manager then receives a receipt of possession of the property.  If the tenant is still there when the sheriff arrives, the sheriff will then physically remove the tenant.  The landlord or property manager will now have a locksmith come and change the locks to keep the tenant out. Importantly, the locksmith should do nothing until the Sheriff arrives and receives instruction from the Sheriff.

When Should You File a Notice to Claim Property?

If the tenant leaves behind personal property there are state statutes that deal with this specific issue.  The landlord or property manager must give the tenant fifteen days after the lockout period to claim any possessions from the property, or if the tenant left before the lockout, eighteen (18) days after the mailing of the “notice of belief of abandonment” to the tenant’s last known address.  The notice must describe the property with specificity so the tenant can identify it, and the notice must also describe the storage costs.  A prudent practice for a landlord or property manager would be to photograph and log all of the tenants’ belongings so that there was not a later dispute.

It is not legal for a landlord or property manager to hold a tenant’s personal property as security for payment of money awarded by a court judgment.

Can a Property Manager Sell or Dispose of Unclaimed Property?

When the fifteen day waiting period is over the landlord or property manager can dispose of the tenant’s personal property if it is worth less than $750 or $1.00 per square foot, whichever is greater.  If the property is worth more the landlord or property manager must auction it through a public sale held after properly published notice with the proceeds turned over to the county, minus expenses.

Conclusion

Although this article has briefly touched upon this process one should see that this is not a simple process, but is a process which should be taken seriously and professionally.  It is always a best practice to have an eviction attorney help a landlord and/or a property manager through this process.

David Roberson
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