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At the outset, let me make this CRYSTAL CLEAR: I am
not an attorney. Though the following is definitely
legal advice it is more correctly “communication
advice”. In any event, before utilizing this advice
you will probably be discussing this with your
eviction attorney. As an apartment owner who as “been
there-done that”, I feel qualified to give this
advice.
During an eviction, a large percentage of tenants
and too large a percentage of landlords fall into the
“I’ll fix you” mode. This can be said for both
commercial and residential properties. Obviously
communication is most important BEFORE an unlawful
detainer is filed. Usually MY last ditch effort in “working
with” a tenant is to divide the rent into weekly
payments and INSIST that the tenant pay one quarter of
a month’s rent every Friday (you pick the day) PLUS
some portion of the balance owed. If the tenant
RELIGIOUSLY follows that schedule it ends up being a
win/win situation WITHOUT a lawsuit.
Once
the unlawful detainer is filed, both sides USUALLY
plant their feet and the next time the parties speak
to each other is the court date. Most good eviction
attorneys will “make a deal” with the tenant
resulting in a STIPULATED judgment which both parties
sign and the judge approves. In effect, the landlord
“wins” the lawsuit by making certain concessions
to the tenant. This all happens WAY AFTER the lawsuit
has been filed and the process server has spent days
or weeks trying to serve the tenant. Imagine how much
better it would be for a stipulated judgement
IMMEDIATELY after filing the unlawful detainer. The
pitch might go something like this. “Mr. Deadbeat
– I’m sorry that I have had to actually start the
eviction process. I feel it would be much easier for
BOTH of us if we could work this out in a way that
saves you money and doesn’t end up in a large
judgment against you (including attorney’s fees).
Unfortunately a judgment will follow you for ten years
and is renewable for ten years. I really want to make
this easier, if possible.”
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Assuming the tenant is reasonably cooperative – try this:
Make an appointment with the tenant to try to work
something out within the tenant’s budget. At that time
have the process server available to serve the tenant. At
that point, go over the lawsuit with the tenant and “make
a deal”. The worst that can happen is that you have made a
tenant appointment – to be served. If nothing else, you
have shaved many days or weeks off the eviction process. Ask
your attorney in advance for suggestions in negotiating a
stipulated judgment. I would try to negotiate a portion, 10%
to 70% of the amount already owed, plus a promise to be out
by a certain date. If that date is longer than 7 to 14 days,
further negotiate extra money due at some date in the
future. Obviously NO MONEY will be accepted and no
agreements made. The attorney will draft the stipulated
judgment that will include lockout dates and receipt for
monies. This agreement will then be submitted to court for
the judge’s approval.
Are you now saying “that might work with your tenants,
but not mine”? Are your tenants ignorant, macho, sullen,
etc.? If so, try to have an independent third party contact
that tenant so there is no abnormal animosity or hard
feelings. Once again, this is merely a suggestion that, if
handled properly, will save you loads of time and therefore
money during the eviction process.
Peter Rosenthal
VIP Trust Deed Company |
