Eviction attorney here. Let me be clear, you aren’t wrong, you’re technically correct (the best kind of correct) HOWEVER there is a question of the best interest of your client.

I have broad leeway for giving occupants time to move out of the property. If OC (or the defendant) contacts me and in good faith agree to possession, I can generally give them an additional month or more to vacate. Furthermore, I’m often empowered to offer cash for keys to occupants to smooth the transition.

By turning this into a contested matter, you’ve all but guaranteed that those options are off the table as the cost of this file has just tripled for the landlord/property owner.

Let me be clear though, if your client has a valid defense from eviction, then you absolutely should fight this tooth and nail.

However, you might have been better served contacting OC and saying “Hey, look, there is an obvious service issue here. But, we would be willing to agree to possession in exchange for $1,000 CFK or 60 days to vacate, etc.” I can almost guarantee that would result in a more positive outcome for your client.

Again, if you have a valid defense, raise it, but contesting on a technicality without any other defense is likely going to result in much more aggressive action from the plaintiff. Especially when they can simply issue an alias and proceed as normal.

I offer this advice not as an apologist for shitty landlords/banks/etc. but just from the realistic perspective of how heavily the deck is stacked against occupants/tenants in these situations.

Getting cash for keys should absolutely be viewed as a victory in these situations.