Joe,
I know this much: I don't know how YOUR court operates.
I HIGHLY suggest 2 things:
1. Find a local landlord who has court experience and ask for advice. Your local assoc is great for this.
Also, judges do what htey want, NOT necessarily following the letter of the law. You need first hand, local info.
2. GO VISIT the court and observe NOW, not the day before your hearing. Call the court office, tel the clerk you are new and want to observe. Ask for a good time. Watch and listen. Judges remember and love LLs who take time to learn. It puts you in a good light before your case is heard.
3. Ok, 3rd thing...nobody wins in court. (except the atty - he gets paid by you!) ANYTHING can happen in court: delays, surprises, lose... Best solution is to work something out with the res: Cash for Keys is cheaper than court; help him move; pay the deposit on his new place; these all expire if it goes to court.
Keep us posted!
-Brad
--67.175.xx.xxx