What to Expect from your Landlord/Tenant Attorney

What to Expect from your Landlord/Tenant Attorney

One of the many responsibilities of a property manager is evicting residents who fail to pay rent or otherwise breach the terms of their rental agreement. Evictions, or unlawful detainer cases, are referred to as summary proceedings, which are intended to be expedited court actions. If you do not follow the proper procedure for terminating a tenancy, you can lose your eviction case and be forced to start from the beginning, costing you a considerable amount of time and money. Also, with the passage of numerous eviction-control ordinances, cities have made it tougher for landlords to terminate a tenancy. Because the process of evicting a resident can be difficult, hiring an attorney that is knowledgeable in unlawful detainer law is beneficial.

To make the eviction process as “stress free” as possible, here are some tips on what to expect from your attorney:

1)Knowledge and Skill

It is important that your attorney demonstrate legal knowledge and skill in unlawful detainer law and litigation. Changes in the laws, such as rent control and just cause, have made evictions more complicated. The laws vary by jurisdiction, so your attorney should be familiar with and understand the rules specific to your city and county.

It is also important that your attorney be familiar with the specific nuances of your jurisdiction. California courts in various counties throughout the state often differ at times in how they rule on unlawful detainer matters. What may be considered a material breach in a case in Sacramento Court may be a minor violation in a San Francisco Court. Interview your attorney beforehand and ask them how many years they have been practicing unlawful detainer law and in the county where your property is located. Ask them what challenges they perceive, if any, with your particular case so you can be prepared if the case is contested.

2)Zealous Advocacy

An attorney has an ethical obligation to zealously advocate on behalf of his or her client within the bounds of the law. This means helping a client achieve their goals in the case. Your attorney should take the time to listen to you regarding the facts of your case and understand your goals. The attorney should clearly communicate your goals to others in the law firm who will be responsible for working on your case. If you find yourself constantly repeating yourself to those who are working on your case, ask to speak to your attorney and relay your concerns.

3)Options

The eviction process can be long and expensive, so your attorney should provide you with competent and informative counseling that includes all realistic options in dealing with the tenant’s breach, the risk associated with each option, and the attorney fees that you may incur. By having all of this information before filing your case, you can make a risk-management decision as to which option with which you are comfortable proceeding.

Nothing is more frustrating than losing a case and ending up with a large attorney-fee bill when there were alternatives that may have saved you money and time.

4)Reasonable Fees

You should be informed of the attorney’s rate for legal services before starting your case. The attorney’s fee schedule should list the hourly rate or flat-fee rate, and the costs associated with the case. Costs include such items as the court filing fee, process server fee, and sheriff lockout fee.

If the eviction is contested with various motions, discovery, and a jury trial demand, your attorney should communicate with you the additional fees that you may incur. If the tenant retains legal counsel and files motions and a jury demand in the eviction case, it is especially important that you be aware of the fees so you can make an informed decision on how you would like the case to move forward, whether it be through settlement or a jury trial.

5)Proactive Communication

Your attorney should proactively communicate the status of your case with you at all times. You should be informed when your notice has been served, when your case has been filed, when your tenant has been served, how long your tenant has to file an answer, if your tenant files a response with court, if the tenant provides a settlement offer or other important communication, the date that court sets the case for trial, the lockout date, and any other important information relevant to your case.

If you find yourself constantly having to ask for an update, being told that your attorney is often unavailable, or feel like your case is being handled by too many people who cannot provide you with concrete information, ask to speak with a supervisor immediately.

6)Timeliness

Time is of the essence in unlawful detainer cases. The longer it takes to evict your resident, the more rent money you are losing. Furthermore, if the case involves a resident that is harassing or bothering other residents, you risk losing good residents because they may feel threatened or feel that you are not taking the issue seriously.

Your attorney should have an appreciation for the urgency of your case and file your case as quickly as possible. If your eviction cases are taking too long, then make a list of the following questions and see if you can find a solution:

• How long does it take your attorney to file your case once you have submitted the case for filing?
• If there is additional information needed in your case, how long does it take your attorney to contact you for the information? If the attorney took a week to contact you, you potentially lost a week in your case. If you calculate how much lost rent that is per day, it can end up being a lot!

• How long does it take for the process server to serve your case? The goal should be to personally serve your resident so they have five days to file a response with the court. If the case takes longer than a week to serve or if your resident(s) are not being personally served, figure out why. Are you providing information on where the resident works, a physical description, and other information that can help the process server serve your resident quicker? Is there an entry gate to the property that would make it difficult for the process server to gain access?
• If the tenant filed an answer or any other responsive pleading, how long did it take for your attorney to inform you? How long did it take for your attorney to send a request to the court to set your case for trial?

Never hesitate to ask for a detailed timeline on each task that was performed on your case and how long it took to file, serve, and lock the tenant out so you can determine if your attorney is treating your matter with urgency.

If your attorney processes many eviction matters for you each month, ask for a weekly (or monthly) report on your cases to track the progress and timeliness of your evictions.

Finally, it is important for you to be realistic and patient during the eviction. This means understanding the time it takes to evict a resident and being realistic on what your attorney can achieve, depending on the facts and evidence in your case. On occasion, the court or sheriff may make an error on your case, delaying it further. These types of mistakes are not in the control of your attorney. Work as team with your attorney to fix the error as quickly possible. Opposing counsel may also file motions and discovery on your case. The additional time and delay can be frustrating, but keep in mind that the resident’s attorney also has an obligation to zealously advocate on behalf of his or her client. Lastly, keep in mind that your lawyer has other cases and some days it may take them longer to respond to your requests. Treat your relationship with your attorney with the same care and professionalism as you do with others, and remember that the attorney–client relationship should always be one of mutual respect and trust.