Trial Proceedings

After the Unlawful Detainer lawsuit is filed, it will eventually go to trial unless a settlement is reached. Tenants and landlords both need to understand the trial process.

Deciding Between a Jury Trial vs Bench Trial

Jury Trial

• Either party can request a jury to decide the verdict.
• More complicated than a bench trial.
• Juror fees must be paid up front by requesting party.
• Wider range of outcomes since jurors can be unpredictable.

Bench Trial

• Trial is heard only by the judge, who renders the verdict.
• The procedure is simpler than a jury trial.
• No juror fees need to be paid.
• Outcome may be more consistent than jury verdict.

What to Expect During an Eviction Trial

• The plaintiff presents their case first.
• Both sides can call and question witnesses.
• Evidence like photos and documents are submitted.
• Tenant defends by pointing out legal deficiencies in the case.
• Court reporter transcribes everything said during trial.

Presenting Your Case in an Eviction Trial

• Provide clear documentation of the amount of unpaid rent or details of lease violations.
• Bring multiple copies of receipts, notices, invoices, letters and other relevant documents.
• Explain why you are entitled to repossession of the property.
• If damages are claimed, provide proof of estimated repair costs.
• Photos documenting damage or lease violations can help sway the judge.

Payments

Money issues like unpaid rent and security deposits are often at the heart of eviction cases.

Collecting Rent and Security Deposits

• Accept payments by check or money order whenever possible to have records.
• Provide receipts for cash payments. Track payments closely.
• Deposit security deposits in interest-bearing accounts as required by law.
• Never co-mingle deposits with personal funds or other accounts.

When Tenants Fail to Pay Rent

• Send written reminders when rent is 5-10 days late.
• Speak with tenant to understand why rent is late.
• Offer reasonable payment plans or assistance programs if needed.
• Serve proper notice to pay or quit once rent is substantially delayed.

Recovering Unpaid Rent and Damages

• Unpaid rent can be recovered through wage garnishment after getting a money judgment.
• Having tenants sign promissory notes for unpaid amounts provides more options.
• Photographic evidence is key for proving property damages to the judge.
• Repair cost estimates from licensed contractors help substantiate damage claims.

Outcomes

There are several potential outcomes that can result from an eviction trial. Understanding the possible end results will help both landlords and tenants decide how to proceed with their case.

Possible Outcomes of an Eviction Case

For the landlord:

• Eviction order granted plus judgment for unpaid rent or damages.
• Eviction denied but monetary judgment awarded for amounts owed.
• Full recovery of the unit plus monetary compensation.

For the tenant:

• Case dismissed outright if procedural defects are found.
• Eviction granted but demands for extra money denied.
• Additional time granted to find new housing.

Carrying Out a Court Ordered Eviction

• If eviction is approved, the judge will issue a Writ of Possession.
• This court order authorizes the sheriff to remove the tenant if they don’t leave voluntarily.
• The landlord arranges with the sheriff’s office to carry out the lockout.
• A deputy sheriff will supervise removal of the tenant’s belongings if necessary.

Next Steps After Evicting a Tenant

• Immediately change the locks once the tenant vacates the unit.
• Photograph the condition of the unit after the tenant leaves.
• Make any necessary repairs to restore the unit to rental condition.
• Return the security deposit promptly if no damages or unpaid rent.
• Hire an eviction cleanup crew if tenant left possessions behind.
• Begin marketing and screening new tenant applicants.

Requesting a Jury Trial

For landlords and tenants going through an eviction, one important decision that must be made early on is whether to request a jury trial or opt for a bench trial heard only before a judge. There are pros and cons to each to consider.

Reasons a Landlord May Choose a Jury Trial

• Want to avoid a “tenant-friendly” judge who may rule sympathetically.
• Believe a jury will understand the landlord’s position better.
• Feel jurors will be outraged by tenant damages/behavior.
• Want the widest range of outcomes a jury could give.

Reasons a Landlord May Prefer a Bench Trial

• Concerned about the extra time and complexity of a jury trial.
• Unsure whether sufficient evidence is present.
• Wants a potentially more predictable result from a judge.
• Does not want to have to pay jury fees upfront.

Why a Tenant May Opt for a Jury Trial

• Thinks a jury may be more sympathetic to a tenant’s situation.
• Feels a judge who frequently hears eviction cases may be biased.
• Hopes for jury nullification if the laws seem unfair as applied.
• Believes the facts/equity is on their side but the law is not.

Why a Tenant May Decline a Jury Trial

• Wants to avoid the risk of an unpredictably large judgment.
• Thinks a judge will better understand the nuances of the law.
• Worried about the greater costs if the jury rules against them.
• Is low-income and does not want to pay increased court fees.

How Tenants Can Request a Jury Trial

• Check the box requesting a jury trial on the response form when served.
• File a demand for jury trial at least 5 days before the trial date.
• Pay a $150 jury fee deposit in advance or request a fee waiver.
• Complete the Jury Selection questionnaire sent by the court.

The Jury Selection Process

• Prospective jurors are screened for eligibility and conflicts of interest.
• Attorneys can question jurors and request dismissal of certain individuals.
• 6 to 12 jurors are randomly selected once the pool is finalized.
• The jury is sworn in and receives instructions from the judge.
• Opening arguments are made before evidence is presented.

Tips for Presenting Your Case to a Jury

• Explain background details clearly so jury understands context.
• Don’t make assumptions about jurors’ knowledge of the law or procedures.
• Make your narrative easy for jurors to follow. Be concise.
• Appeal to jurors’ common sense and life experience during arguments.
• Anticipate and address biases or skepticism jurors may have.

Potential Outcomes of Jury Trials

• Plaintiff wins eviction but jury denies claims for damages.
• Jury rules in favor of defendant on a technicality, dismissing case.
• Damages awarded are higher/lower than what landlord asked for.
• Jurors compromise by approving just partial back rent claims.
• Jury sympathizes more with underdog tenant and rules in their favor.

The Tenant’s Perspective

For tenants, being taken to eviction court can be a stressful and frightening experience. Understanding the process and knowing what to expect can help tenants better defend themselves.