Court Today
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
Court Today (by Gail K [GA]) Mar 13, 2018 2:02 PM
       Court Today (by plenty [MO]) Mar 13, 2018 2:06 PM
       Court Today (by Gail K [GA]) Mar 13, 2018 2:44 PM
       Court Today (by Jen Z [CT]) Mar 13, 2018 3:05 PM
       Court Today (by WMH [NC]) Mar 14, 2018 3:59 AM
       Court Today (by Vee [OH]) Mar 14, 2018 6:05 AM
       Court Today (by myob [GA]) Mar 14, 2018 1:02 PM

Court Today (by Gail K [GA]) Posted on: Mar 13, 2018 2:02 PM

My experience in court today....

I need to point out that this time around my former tenants filed against me, claiming they didn't owe any rent when they moved out because "they had no lease with me".

Dumb bunnies initially had a year lease that became a tenancy at will (month to month lease) AND WAS STATED IN THE LEASE THEY SIGNED.

My case was the last one called so I got to listen to the others (mainly eviction hearings). What struck me with the others were how much tenants owed in rent (and this was owed rent at the time of the actual filing, not the date of this hearing).

Rent on these properties ranged from $600 to $800 a month; owed rent averaged over $3K. This seemed to indicate that these private landlords let tenants "slip" without paying for months at a time before filing for an eviction.

After about the fifth such case I thought "well, no wonder tenants don't pay their rent. Why should they? Sounds like they get to live somewhere rent free for months at a time before the landlord does anything about this."

Gail --71.203.xx.xx

Court Today (by plenty [MO]) Posted on: Mar 13, 2018 2:06 PM

Few times I've had to file and i mean fast at first available need to file. By time we get to court they all owe about $3k. Just takes time.

Court Today (by Gail K [GA]) Posted on: Mar 13, 2018 2:44 PM

It usually happens pretty quickly in my county. Typically under a month from the first Pay or Quit Notice to the actual eviction (unless the tenant files with the court; then this can take another month for the hearing).

But again, the amount owed was from the time the landlord first filed for the "dispossessory" with the Clerk of Court. In each case today the judge added rent for March since this wasn't included in the initial filing.

In most of the cases the tenants who had responded for a hearing didn't show today (probably hoping to buy more time to remain in the rental unit). If so, Judge Allen allowed each landlord to immediately file for the eviction instead of waiting any further to do so.

And my former tenants (who had already moved out anyway) also didn't bother to show today either.

Gail --71.203.xx.xx

Court Today (by Jen Z [CT]) Posted on: Mar 13, 2018 3:05 PM

Yeah, in CT, a few months could rack up easily. All tenants by law get a 10-day grace period to pay rent. Then you have serve the notice to quit giving them another 7-9 days. Then if they don't move, you file the actual eviction. Then you have to wait for answer date, court hearing, etc. Oh, and if you screwed up the notice to quit in any fashion or accepted rent without letting them know it is for use and occupancy, you have to start all over again! If they have kids in winter, ugh! Gives me heartburn just thinking about it.

Court Today (by WMH [NC]) Posted on: Mar 14, 2018 3:59 AM

That's why I adopted Zero Tolerance on rent several years back...with rent close to $1k per month, it does not take long to get behind, and as my husband is fond of pointing out, you are not doing them any favors by allowing it because they NEVER get caught up.

Now we have NO grace period, late fee on day 5 (state law) and will file for eviction as soon as allowed (lease waives notice.)

Court Today (by Vee [OH]) Posted on: Mar 14, 2018 6:05 AM

I mention (preach) this often - get to court to see how things go, the free learning is amazing way to help you run your business smarter...

Court Today (by myob [GA]) Posted on: Mar 14, 2018 1:02 PM

Gail I see you'ra a GA person. I'm in clayton C. I don't see this in Clayton because most cases are settled outside the courtroom.

I love how quick, if you file when you should, you can get someone out. We file immediately and like you have stuff in the street by the end of the month.

I use to think it was the court allowing people to stay and wrote the chief judge about that. I actually had figures in real dollars lost by tenants holding over. It was about 4M a month in lost rental income to LL's. As you have pointed out though-- it's the LL's who drag their feet. Most are apt complexes where corporation run the show- and managers are just sitting at their desks with "who cares" written across their face.

On your case specifically-- why did the judge have you sit? If they call the calendar and one party isn't there the case should be dismissed for want of prosecution. I love it when the tenants file suite. They have to pay the filing cost and when I get my copy delivered to me I attach a counter suite for my costs and my counterclaim then costs nothing. Best part is tenant doesn't know this. So when they don't show up in court "cause they thought they were busting your chops" and had no intention of showing up I win my counterclaim which can be thousands of dollars. Its golden. Now I have the judgement.

Jen Z -- on CT LL law. Got the ten days and understand that -- but can't you structure that you file after the 3rd day with a stipulation they have 10 days and if "received" you will dismiss the case? will give you a head start.

Here it is deemed notice to pay by just telling them they need to pay--- that's notice.

Subject: RE: Court Today
Your Name:
Your State:

Court Today
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: