 He said, she said court (by NE [PA]) Jun 21, 2017 11:31 AM
 He said, she said court (by Ken [NY]) Jun 21, 2017 11:47 AM
He said, she said court (by Harpazo [GA]) Jun 21, 2017 12:12 PM
He said, she said court (by razorback_tim [AR]) Jun 21, 2017 12:34 PM
He said, she said court (by NE [PA]) Jun 21, 2017 12:43 PM
He said, she said court (by Laura [CO]) Jun 21, 2017 12:59 PM
He said, she said court (by Doogie [KS]) Jun 21, 2017 2:38 PM
He said, she said court (by Nicole [PA]) Jun 22, 2017 5:07 AM
He said, she said court (by S i d [MO]) Jun 22, 2017 5:17 AM
He said, she said court (by #22 [MO]) Jun 22, 2017 9:51 AM
He said, she said court (by NE [PA]) Posted on: Jun 21, 2017 11:31 AM
Message:
I'm heading into court next week for a non paying tenant that is inherited and on an oral lease.
I'm somewhat nervous about it because it's an oral lease and I haven't went in front of the judge with an oral lease before. I know, I know, they shouldnt be on an oral lease. For that sake of this post, let's leave that for another post.
I posted the property with constable and gave required notice.
Well, the lady today called and was ripping me apart over he phone. I knew about 30 seconds in that I lost this conversation regardless, so I basically kept my mouth closed and let her rant and rave.
I have a feeling that this lady will blow all this up in court again, he said she said style.
So I very quick wrote down all the stuff she threw in my face when she was yelling at me.
I am developing a question and answer worksheet that I will refine between now and court.
Just in case this stuff comes up.
I've seen this judge cut the tenants off when they start their stories in the past, but I haven't seen him rule on oral leases.
My question and answer cheat sheet is to keep me focused under pressure and to keep the case on track for non payment of rent and not whatever tangent she can distract the judge with.
For example: tenant brings up that I said her son is an unauthorized occupant and has to leave. Incase the judge asks me about that. I will answer, with all due respect your honor, there has been discussion with Ms. Tenant regarding this other issue, today we are simply here for unpaid rent.
If he asks why the tenants son couldn't just live there, I will say again. With all due respect your honor, even though Ms. Tenant is on an oral lease, all of our other tenants are on an actual lease. We can't show favoritism to one tenant over another regarding unauthorized occupants regardless of lease or no lease.
This q&a cheat sheet is just to help me out under pressure with an answer to hopefully calm the waters and stay on track. --174.201.x.xxx |
He said, she said court (by Ken [NY]) Posted on: Jun 21, 2017 11:47 AM
Message:
Correct,the only issue in front of the court is non payment of rent,my experience is she will acknowledge that she owes the rent but you never fix anything or some other excuse to justify not paying the rent,at that point I just remind the judge we are here for non payment of rent and she just admitted to she did not pay me and I would like my warrant and that is the end of it --24.25.xxx.xxx |
He said, she said court (by Harpazo [GA]) Posted on: Jun 21, 2017 12:12 PM
Message:
In Georgia, the judge cares if they did they pay, or NOT pay. Nothing else matters. Don't bring it anything else (as here the Ga judge would say), it's not going to be heard. No excuses matter one bit, either. Death of family, jail, arrest, LL in foreclosure, NOTHING ELSE is heard. (There may be one exception and that's if the property is indeed uninhabitable) Dunno, about Penn so it could be different. But let the judge ask you, don't get off the rent non-payment rent. You won't need cheat-sheets.
You'll definitely win this cuz - no payment substantiates - no staying. In Ga, they have 7 days to make good or the writ is then signed. So simple. This is a game changer to NEVER have an oral only agreement continue. If there's another dangling one out there, then immediately get it under signature. Fix it. Everyone agrees you MUST sign, even the tenant knows it. --76.97.x.x |
He said, she said court (by razorback_tim [AR]) Posted on: Jun 21, 2017 12:34 PM
Message:
Stick to the facts of the non-payment.
Do not engage or argue with the tenant.
Do not engage or argue with the tenant.
Do not engage or argue with the tenant.
Do not engage or argue with the tenant.
(Yes it is that important).
Only speak to the judge and answer the judge's questions.
You might bring documentation of previous payments made to support the amount of the rent. --70.182.xx.xx |
He said, she said court (by NE [PA]) Posted on: Jun 21, 2017 12:43 PM
Message:
Razorback Tim, I have documentation of every rent received all the way back to my very first tenant. --174.201.x.xxx |
He said, she said court (by Laura [CO]) Posted on: Jun 21, 2017 12:59 PM
Message:
Do not count on her going ballistic in Court. I have had them go ballistic and crazy of me before court but when they get into Court they keep it together. Stick to facts and try to not get emotional. In Colorado the judge sticks to the numbers of what they owe. I try to not look at them in Court and look at the judge. --72.174.xxx.xxx |
He said, she said court (by Doogie [KS]) Posted on: Jun 21, 2017 2:38 PM
Message:
My experience with non payment is the tenant tries to say they didn't pay because I didn't fix this, that, or the other thing. The judge simply asks for a copy of the 14/30 notice and of course it cannot be provided. Judgement Landlord, case over. Only talk to the judge, whatever tenant says only respond in kidness and redirect the conversation to unpaid rent.
I'm betting you end up with a short case if your state is like mine. 5 minutes tops. Once they admit they haven't paid, it's typically over. --98.175.xxx.xxx |
He said, she said court (by Nicole [PA]) Posted on: Jun 22, 2017 5:07 AM
Message:
yep - no need to worry about anything other than unpaid rent. my magistrates allow them to babble and ramble ... and then rule in my favor with zero discussion.
that said, if you want her gone even if she pays, you need to get SEVERAL lease violations acknowledged by the magistrate so they check the correct box. I don't have a judgment form in front of me but look at one. Be sure to tell the magistrate which box you want checked.
I clearly won on lease violations plus nonpayment of rent one time and the magistrate (or the secretary) didn't check the "must go" box and I had to start over when the tenant paid the rent in full. --72.95.xx.x |
He said, she said court (by S i d [MO]) Posted on: Jun 22, 2017 5:17 AM
Message:
As others have said, this story begin and ends with "Your Honor, the rent has not been paid."
It was a good idea to create the cheat sheet, if for no other reason than to help you clear your mind and prepare. But I don't think you'll need it.
Politicians have mastered a tactic called the "pivot." When you get confronted with anything off topic or that could go against your position, you say, "What we are here to discuss is X (the unpaid rent)."
If the tenant wants to confront you with anything else, they can pay to serve you, file a case, and have THEIR day in court to complain about all the things they think you didn't do for them.
Only answer the judge's questions...for all intents and purposes, your only 2 points of engagement with the tenant are:
1) Did you know the rent on this home is $XXX?
2) Did you pay the rent of $XXX that is due?
When you get your "Yes" and "No"..."Your Honor, the plaintiff rests." Let the judge handle everything else. That's what he/she is paid to do. --173.19.xx.xxx |
He said, she said court (by #22 [MO]) Posted on: Jun 22, 2017 9:51 AM
Message:
If you're in a one party state (for recording audio) and using in court... get ACR on your android phone. Great quality recordings and will make your defendant's jaw hit the floor in shock when you play something in court - especially a lie...
Nonpayment, I would think, is pretty cut and dry..no? --216.7.xxx.xxx |
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