Trial Preparation Tips In An Unlawful Detainer Case

If you have an upcoming unlawful detainer trial, there are some steps you should take to properly prepare for that event. Here is an overview of those steps to ensure you are mentally and organizationally ready for your day in court.

Review Your Documentation

It is essential for you to carefully review your Complaint, attached exhibits, and the defendant’s Answer, as those pleadings delineate the issues that will be tried. If the tenant has asserted affirmative defenses in the answer to the complaint, you should become familiar with what those defenses are and come to court with facts and any evidence you may have to counter those defenses. Make sure to review all of your exhibits, including the Notice to Quit that was served on the tenant and proof of service of the notice. Go over the rental agreement and rental payment history.

You should already have calculated how much money in rent, costs, and daily damages the tenant owes you as of the day of the trial. The rent and daily damage figures will appear in the Complaint. You may need to prepare a payment ledger to make it easier for the judge to understand. You should bring at least four copies of the Complaint and exhibits with you on the day of trial. You should provide a copy to the judge, court clerk, and the opposing party.

Witness Preparation

Review your witness list and determine whether the witnesses will voluntarily appear at trial. If there are any witnesses you believe will not appear voluntarily, you should subpoena them for trial. Lynx can assist you with the subpoena process. Also, sometimes a tenant will contest the Notice to Quit by claiming it was not served properly. The burden of proof of proper service is on the landlord. In this case you should have the process server or other person who served the tenant in court to testify as a witness on your behalf.

Settlement Possibilities

You should formulate an acceptable settlement position before the trial begins. If the tenant agrees with your position, it will end the tenancy and get your property back for you without a trial. At court, sometimes when both parties are present, they may agree to a settlement. You might need to make a few concessions, such as a small concession on the rent or letting the tenant have a few days or weeks to move out.

If an agreement is reached, it should be documented and apply to all parties involved and it should settle any and all issues. It is in your best interest to have a stipulation for judgment and settlement that gives a deadline by which the tenant must move out. It should also give a date when a sheriff’s lock-out unit goes into action after a certain date, if the tenant isn’t gone.

Be certain that the tenant signs and dates the stipulated agreement. Also have the judge sign it so that the stipulation becomes a court order.

Court Demeanor

Although wearing a suit and tie are unnecessary, you should be well-dressed for court. Do not come to court in a T-shirt, shorts and flip-flops or a miniskirt. Make sure your clothes are clean and pressed. Always be respectful to the judge and the opposing party. You will know when it’s your turn to speak because the judge will ask you questions. Use the judge’s title—sir, ma’am or your honor—when answering questions.

Feel free to reference and read your documents when being questioned. Show the court any bank records that show a tenant did not pay or was late repeatedly. You might also have police reports about noise complaints, or invoices from contractors about work you had done because the tenant damaged the property. Have photos that show damage ready. Present as evidence any correspondence or letters with the tenant or anyone else if it bears on your case. Also, stay calm in court. Do not let that emotion show during the trial in front of the judge. If the tenant starts making accusations and gets angry and upset, wait your turn to speak.

You have to prove to the judge that you’re right. If the basis of your unlawful detainer lawsuit is that the tenant has not paid rent for a few months, present evidence of this to the judge. Have you been getting complaints about noise from the neighbors? Ask if they neighbors have called the police with noise complaints and bring copies of the police report or noise citation to court.

Following these steps, having the right documentation and papers in court, being respectful, and not speaking out of turn can really help your case.