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Landlord here: 1. You are not going to crush your landlord in court and they will not crush you, but you can both waste a lot of time and emotions on this. 2. Every state and some counties in each state are different so it would help to know where you live. In my state the process to evict some is to A. First give a 5 day notice to pay or quit where you have a chance to pay up or fix whatever the issue is. B. After 5 days the landlord must pay to file a lawsuit with the county courthouse. C. After this a processor must serve you court papers. The landlord also pays for this. D. When the court date arrives both parties must take off work or hire a lawyer to represent them. If anyone fails to show the other side wins. Check to see if your court has a 30 day notice instead. 3. If you both make it to court and you are current on the rent the judge may get mad at the landlord for wasting everyone's time but you never know. 99% of the people in there are behind on their rent and the landlords are in a hurry to write off some bad debt but has to get them out before he can replace them. The courts would be clogged if everyone who yelled something unfriendly decided to go to court. Some judges are tenant friendly and will go out of the way to help them any way possible. Other judges don't care and just follow the law. Other judges just make up their own rules and ignore the law. Some judges think tenants are idiots as those are usually the kind that make it to court. My local judge lately has asked us to meet for a few minutes prior to coming before them to see if we can solve it on our own first. If you can't you go before the judge. The judge will evict or not evict. No one will be paid a lot of money by the other party. 99% of judges would not evict a person current on their rent who yelled or did not let a maintenance man turn off power during a work call. Your 4. If you get evicted the process is different in all states, but in my state the landlord now has to pay a sheriff to come throw you out and change the locks if you don't leave on your own. This will take anywhere from 3 days to 2 weeks depending on how busy the sheriff is. 5. It is in both parties best interest to not go to court. A. The landlord had to take off work, pay to file the lawsuit, pay for the person to serve you and pay a sheriff to change the locks if you drag it all the way to the end. Then they need to pay to get the unit ready to rent and pay to advertise and spend their time showing the apartment and will lose 1-2 months of rent during the turnover. B. The tenant will now have to take off work to go to court and will have a public record that someone sued them for eviction and then may or may not have an eviction on their record. An eviction is the mark of death if you plan on renting again. Then you have to move and will likely lose all past rent and your deposit. The judge may make you pay rent to the day/month you move out. If you look at this process you can see it is not worth it to go to evictions court so you might as well try to solve it ahead of time. 1. Try to patch it up with you landlord. 2. If not then be really annoying and see if the landlord will let you break your lease and give your deposit back. Make sure you get this agreement in writing. If they don't provide something then type it up on your own and have them sign it. 3. If the above fails get ready to waste a lot of time and not be satisfied with the outcome even if you win. Neither of you will get a bunch of money. An eviction is a terrible thing to have on your record. Landlord is likely out thousands of dollars even if they win. If you win you still have to deal with the landlord through the rest of your lease. If you decide to go to court you need to document all the stuff landlord is doing wrong. 1. Blocking your parking is wrong - take a picture. 2. In my state you need to give 24 hours notice prior to entering a property unless there is an emergency. Document landlord did not provide adequate notice. 3. Yelling doesnt account for much in court as anyone can make things up. You can record it to be prepared but this may never get heard. 4. If you are behind on your rent at the court date the judge may ignore all other facts and tell you to file your own lawsuit about your grievances. If the lawsuit is filed based on missing rent they will ignore all other topics. I suggest you be current on your rent before going to a judge. Your landlord does not have ground for an eviction now but if you quit paying your rent they will. Last year I had a tenant documenting all this stuff she said I was doing wrong and threatening to sue my pants off so she wanted me to settle out of court. As I know the law I just documented everything and had to sue when they quit paying their rent. Despite a lot of threats I knew I would win because I followed the law and was not scared of going to court. The tenant turned in their keys the night before the court date. I would have easily won and given them an eviction on their record, but due to covid I had to drop the lawsuit after they left and they got off with no record. I was out 2 months rent and tenant lost their deposit. toben fucked around with this message at 18:12 on Nov 11, 2021 |
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Nov 11, 2021 18:10
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| # ¿ May 16, 2024 06:37 |
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