Jan 26 2010

Ways To Be Ready Before You Come To Court During The Eviction Process

Be ready in Advance

Be prepared. Make sure you’ve brought your lease. Be sure you’ve taken the exact amount that’s due, to the penny, not about. Never say a judge, “They owe about…” That’ll piss a judge off. When the judge asks you how much they are obliged to pay, “It’s $2,000.12, and that is combined of a $75 late fee and $1948.33 of unpaid rent.” That’s the way you answer that question. Do not say, “About $2,000.”

The judge may say, “What does that mean?” thus check you’ve got a very detailed accounting statement revealing right to the penny what’s owed, including any court costs. The judge knows to annex court costs. You don’t really have to tell him to do that.

That’s usual procedure, but if there are repairs that you’re conscious of or fines or anything like that for putting out trash or not putting out trash, then you may add that at that point. Have a detailed accounting statement with right what’s owed broken down by late fees, by rent, and then by other things. The judge can ask you that facts.

It’s essential that you’reprepared to answer that question. “How much is owed?”"$2,012.” “How much of that is rent and how much of that is late fees?” and you must be prepared to respond that question. Again, do your homework. Check that the Notice to Quit that you sent out and the late letter, be sure you’ve got copies of those with you also.

Documentation

Any communications with you and the tenant, any letters that you’ve sent, check you’ve got copies of that with you. If there are repairs that you needed to do, make sure you’ve taken your contractor’s invoices so you are able to persuade that the amount of the repairs is valid. I think that’s it. Just go there. Be sure you’re prepared. Get there early.

It’s quite probable the renter will desire to sit down with you and work out some type of scheme, which is fine, but just realize that you make sure you add the court cost in and things of that nature. If you have a plan that you’ve collected together, you go into the court together. You say, “Judge, we’ve come to terms. We’ve got a scheme.”

You read that scheme off to the judge. He writes it down, documents it, and that way the court knows exactly what the plan is. If the renter does not adhere to the plan, you can come back a couple weeks later and say, “He’s not stick to the scheme. I would like to continue with the eviction.”

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