eviction arguments (by poily newby [MA]) Oct 9, 2018 6:51 PM|
eviction arguments (by Larry [TX]) Oct 9, 2018 7:00 PM
eviction arguments (by Polly [MA]) Oct 9, 2018 7:18 PM
eviction arguments (by Larry [TX]) Oct 9, 2018 7:22 PM
eviction arguments (by Ken [NY]) Oct 9, 2018 7:25 PM
eviction arguments (by Larry [TX]) Oct 9, 2018 7:38 PM
eviction arguments (by Robert J [CA]) Oct 9, 2018 7:46 PM
eviction arguments (by Moshe [CA]) Oct 9, 2018 7:52 PM
eviction arguments (by mel [MA]) Oct 9, 2018 8:22 PM
eviction arguments (by fred [CA]) Oct 9, 2018 8:28 PM
eviction arguments (by fred [CA]) Oct 9, 2018 8:39 PM
eviction arguments (by joe [NH]) Oct 9, 2018 8:50 PM
eviction arguments (by Steve [MA]) Oct 10, 2018 3:04 AM
eviction arguments (by Steve [MA]) Oct 10, 2018 3:09 AM
eviction arguments (by NE [PA]) Oct 10, 2018 3:45 AM
eviction arguments (by myob [GA]) Oct 10, 2018 4:10 AM
eviction arguments (by S i d [MO]) Oct 10, 2018 5:18 AM
eviction arguments (by Plenty [MO]) Oct 10, 2018 5:26 AM
eviction arguments (by AllyM [NJ]) Oct 10, 2018 8:33 AM
eviction arguments (by Moshe [CA]) Oct 10, 2018 9:32 AM
eviction arguments (by Mike45 [NV]) Oct 10, 2018 10:44 AM
eviction arguments (by Nicole [PA]) Oct 10, 2018 10:47 AM
eviction arguments (by Vee [OH]) Oct 10, 2018 11:32 AM
eviction arguments (by Polly [MA]) Oct 10, 2018 7:48 PM
eviction arguments (by Moshe [CA]) Oct 10, 2018 8:07 PM
eviction arguments (by BRAD 20,000 [IN]) Oct 11, 2018 12:10 AM
eviction arguments (by Vee [OH]) Oct 11, 2018 4:52 AM
eviction arguments (by MOE [NY]) Oct 11, 2018 6:56 AM
eviction arguments (by Nicole [PA]) Oct 11, 2018 7:13 AM
eviction arguments (by RentsDue [MA]) Oct 11, 2018 8:45 AM
eviction arguments (by Laura [MD]) Oct 11, 2018 8:50 AM
eviction arguments (by Vee [OH]) Oct 11, 2018 1:34 PM
eviction arguments (by linny [NY]) Oct 11, 2018 5:02 PM
eviction arguments (by Moshe [CA]) Oct 12, 2018 9:23 AM
eviction arguments (by arlen [ME]) Oct 12, 2018 10:59 AM
eviction arguments (by mike [CA]) Oct 15, 2018 11:43 AM
eviction arguments (by poily newby [MA]) Posted on: Oct 9, 2018 6:51 PM
What are some of the most successful things I can bring up in court to influence a judge to allow me to evict a tenant? Thank you.
eviction arguments (by Larry [TX]) Posted on: Oct 9, 2018 7:00 PM
You have to be honest you cannot make things up. If they have done something that warrants eviction tell the judge. How would you like to end up in jail because someone found the best. Thing to tell the judge even though you didn't do it... SMH .. you have no business being al LL if you don't know what your doing and can't be honest. --73.166.xxx.xxx
eviction arguments (by Polly [MA]) Posted on: Oct 9, 2018 7:18 PM
Larry, I am not talking about making things up,
There are over dozen legitimate issues. I just dont want to bore the judge.
On the other hand, will a judge let me have all the time i need to prioritize and make my case in my own way?
Thank you --173.48.xxx.xxx
eviction arguments (by Larry [TX]) Posted on: Oct 9, 2018 7:22 PM
Sure, he will probably start a class for LL's on presenting their case and let you teach it... --73.166.xxx.xxx
eviction arguments (by Ken [NY]) Posted on: Oct 9, 2018 7:25 PM
Your Honor,the rent remains unpaid.Keep it simple and don't distract him with anything else --72.231.xxx.xxx
eviction arguments (by Larry [TX]) Posted on: Oct 9, 2018 7:38 PM
Seriously, you need to have your case ready when you get to court. I doubt the judge will give you time to put it in order during court. If you. Have more than a dozen things that warrant eviction name them all. Before you file to go to court make sure you give the tenant all notices according to the law and your lease. I'm sure you will do fine.
Consult an experienced landlord or an eviction attorney. And if you did not this time next time do background checks and credit checks on applicants and you shouldn't have these problems... good luck!
eviction arguments (by Robert J [CA]) Posted on: Oct 9, 2018 7:46 PM
One time in court a tenant, who just passed the Bar exam to become an attorney, had a dozen excuses why not to pay his rent. For example:
a) the landlord thinks he's a handyman and is too chap to hire qualified repairmen, so nothing gets fixed on time or correctly.
So I showed the judge my Contractor's licences showing that I'm a general contractor, plumber, electrician, locksmith and so on. Also I had a list of my licensed painters, flooring contractors, etc. I have the best people to help me maintain my buildings and I'm qualified to do the work myself. This shot down my tenants claims.
b) my tenant claimed he tried to pay me the rent but I refused to accept his personal check, that I wanted only "Cash".
So I had copies of my tenants rental payments over the last 3 years. Some were personal checks, others were transfers to my buildings checking account and another method was payment to my paypal account. I had proof I still have those active accounts and they tenant could have deposited his rent into my bank account and or paypal account. This shot down my tenants theory that I refused payment.
c) The tenant claimed I entered his apartment weekly without permission and went through his belongings.
I had two of my other tenants show up with me in court. One was an actress on a weekly TV series who used the roof to sunbath to keep her tan for her series. Anytime I wanted to go on the roof I'd call her up when her car was in her parking spot to ensure she wasn't on the roof. My other tenant, a retired city employee told the judge that he's always home and anytime I've come to the property I have already contacted tenants requesting permission to enter their units, to make agreed upon repairs. That I never went into his unit without notice or putting an emergency not on his front door.
Again the lawyer/liar tenant was blown out of the water. I shot holes in his stories. --47.156.xx.xx
eviction arguments (by Moshe [CA]) Posted on: Oct 9, 2018 7:52 PM
Best eviction arguments:
The ones that are: 1) according to the law which authorizes eviction; 2) provable beyond any defense that the tenant can raise; 3) fairly and honestly presented.
1. Argument: tenant didn't pay rent when required;
Defense: But I did pay the rent;
Impeachment: Please show a copy of your cancelled check.
2. Argument: tenant won't allow landlord to enter to make repairs, after repeated notice of failure to comply with relevant lease clause and/or state law.
Defense 1; I never received any such notice;
Impeachment: Declaration of Service signed by Deputy Sheriff.
Defense 2: I never refused landlord to enter.
Impeachment: personal testimony to the contrary by a Rabbi, a Priest and a Minister.
Defense 3: Notice was not timely.
Impeachment: Declaration of Service signed by Deputy Sheriff specifying date and time of service which is earlier than 24 hours (or whatever notice period applies in location).
Defense 4: Notice did not specify reason for entry, showing that reason for entry was one of those authorized by local law.
Impeachment: More difficult; Sheriff's declaration should include copy of notice attached which hopefully contains authorized reason for entry.
You see how it goes. You need a MATERIAL reason which authorizes eviction, plus proof that it occurred.
eviction arguments (by mel [MA]) Posted on: Oct 9, 2018 8:22 PM
I have found out that You might be able to bring up a few critical issues that aren't proveable, but be aware that the judge might point this out - to your ultimate diadvantage. --173.48.xxx.xxx
eviction arguments (by fred [CA]) Posted on: Oct 9, 2018 8:28 PM
I like the argument about the Rabbi, Priest and Minister.
One time a Rabbi, a Priest and a Minister were discussing "when life begins".
Priest: At the moment of conception.
Minister: No, at the moment of birth.
They looked at the Rabbi, who was grinning and asked: what do you think?
Rabbi: No and no, life begins when the kids move out and the dog dies. --99.59.x.xxx
eviction arguments (by fred [CA]) Posted on: Oct 9, 2018 8:39 PM
Back to the subject matter:
Your best argument is Non payment of rent. You must show a copy of your 3 day notice with proof of delivery/presentation, paste and mail. The notice has to be filled out correctly, or the judge will throw it out.
In my city, once the tenant gets a 3 day notice, the LL doesn't have to accept rent or partial rent, and can choose eviction instead.
In front of the judge, only answer the judges questions, be polite and be convincing. Show him that you are organized, with receipts and accurate documents. One lie, one mistake, one hesitation - and there goes your case. --99.59.x.xxx
eviction arguments (by joe [NH]) Posted on: Oct 9, 2018 8:50 PM
So are we to assume that a judge will NOT ordinarily allow a landlord to read from his long list of issues he really had with a tenant?
eviction arguments (by Steve [MA]) Posted on: Oct 10, 2018 3:04 AM
Your easiest & most successful is for non payment which requires that you are able to prove they received the correct 14 day notice, that for any monies received after the 14 day the tenant received receipt for U&O only and they received a proper summons to appear in court.
Next would be for drug or other criminal behavior. This requires a lot of proof.
Then comes violations of the rental agreement. These would have to be violations of specific items in their rental agreement. You will need proof that they actually violated the agreement and that they were given written notice to cure.
You could evict for procession which does not require much proof other than being able to prove that you gave them proper notice in accordance with the terms of the rental agreement. Judges tend to listen to the tenants sob stories & give them additional time to move.
If this is your first eviction, for your best chance at being successful, I highly recommend working with a lawyer. At the very least you should visit the court a session or two ahead of your court date to observe how things work.
When you do get to court dress professionally, have your papers organized, bring a copy for the court as well as one for the tenants, speak only to the judge never directly to the tenants, know exactly what you want and be prepared to compromise. In MA if you go to Housing Court you & the tenant will be required to meet with a mediator. I find that most times we can come to a reasonable agreement with the mediator's help. However if you're not satisfied with the outcome during the mediated meeting then you still have the right to present your case before the judge in open court.
eviction arguments (by Steve [MA]) Posted on: Oct 10, 2018 3:09 AM
Forgot to add no the judge will not "let me have all the time i need to prioritize and make my case in my own way".
When you represent yourself most judge will give you a little leeway but not much. They have other cases & expect you to be prepared.
FYI in MA if you own this property in an LLC or a Trust there is a good chance that the Judge will throw the case out unless you are represented by a lawyer. --96.237.xx.xx
eviction arguments (by NE [PA]) Posted on: Oct 10, 2018 3:45 AM
eviction arguments (by myob [GA]) Posted on: Oct 10, 2018 4:10 AM
What to bring? Lets see -- make sure your atty has the lease with him. Listen its all well and good you do the prelim work-- got it. When going to the trail get an atty-- the one who represents all the apt complexes in your area. Sit in on a hearing and you'll see who she or he is. Our guy charges 75.00.
What this eliminates is the he said she said-- your atty will stick to the facts and not wander off to the LL didn't mow my law type stuff. It's all about he rent-- tenant wants to showcase their prowess in TV atty law and entertainment-- at your cost. --99.103.xxx.xxx
eviction arguments (by S i d [MO]) Posted on: Oct 10, 2018 5:18 AM
First, a shout-out to fred for the Priest, Minister, and Rabbi joke. I had the same thought when I read that phrase...!
Back to the topic. I assume this is your first time evicting. Don't worry. The first thing you'll learn is that 70% of the time, if your case is legit, the tenant won't even show up. If they haven't paid the rent, they know it, and they know it'll be a waste of time. It blew my mind the first 4 eviction hearings I went to. Only 1 time did the tenant show up, and basically agree they hadn't paid the rent. They did try to argue, but the judge was firm. Unpaid rent = eviction.
If your judge is competent, he/she will have heard every "story" under the sun for why a tenant didn't do what they were supposed to do and will reject them all as immaterial.
So the best thing to do is bring a copy of your rent ledger showing what was due and what has not been paid. To keep it simple, I bring the last 12 months, or less if the lease hasn't run a year yet.
I also have a copy of my lease.
That said, I have always had an attorney evict on my behalf. I only show up if the tenant tries to argue and we go to trial on a separate day. To date (13 years), I have NEVER lost an eviction case. It's worth it to me to have a professional handle the details and ensure us of a timely victory. Consider hiring professional counsel. --173.20.xxx.xxx
eviction arguments (by Plenty [MO]) Posted on: Oct 10, 2018 5:26 AM
Let your lease speak. Less said by you the best. Just the terms znd the lease violations. You will not insult them or throw mud. Back up each lease violation with pictures, facts, papers. --99.203.xx.xxx
eviction arguments (by AllyM [NJ]) Posted on: Oct 10, 2018 8:33 AM
The only thing that really matters here in NJ is nonpayment of rent. The next most important thing would be wasting the apartment which means turning it into a dump but for that you need pictures and witnesses. After that it would be violating the other tenants right to quiet enjoyment and that would need them to come with you. Somewhere in the mix is criminal activity and you need a police report. If you don't have nonpayment of rent as a cause its pretty much a waste of time. So if you have someone who is causing you distress you have to get them in court immediately for late payment. NJ requires them to be ten days late. --73.178.xxx.xx
eviction arguments (by Moshe [CA]) Posted on: Oct 10, 2018 9:32 AM
" are we to assume that a judge will NOT ordinarily allow a landlord to read from his long list of issues he really had with a tenant? "
It is not a case that a judge will not allow. It is a case that courts are crowded, judge will allocate only a short time to each case and you should make good use of your alloted time.
Keep in mind that you only need ONE appropriate and proven reason to evict. The judge will want to get right to the point, and to evaluate proof of the reason. He will make his judgement and go on to the next case. Thus, DO NOT give a list of reason, give ONE GOOD (legal) reason and get right to your proof.
eviction arguments (by Mike45 [NV]) Posted on: Oct 10, 2018 10:44 AM
Poily, go to your eviction court BEFORE your hearing date. Call the clerk to ask when evictions are heard, and go watch. This will let you know how much time the judge allows each case, will let you observe the judge's temperament and how he runs his court.
eviction arguments (by Nicole [PA]) Posted on: Oct 10, 2018 10:47 AM
my magistrate schedules landlord tenant hearings every 5 minutes. get in, make your point and get out. --72.70.xxx.x
eviction arguments (by Vee [OH]) Posted on: Oct 10, 2018 11:32 AM
Eviction is not like TV shows, tune in next week for the next chapter... Unpaid damages and rent are prolly 97 percent of why an eviction is filed, stick to facts, rent was paid on time for 5 months and then we allowed it late once on the 5th but now there is no payment so we must get the tenant out and start with a new one after making repairs to walls, broken windows, doors smashed at the old tenant expense.
This is prime time to get a fresh copy of your local/state tenant rules printed out so you know what is legal even though you did this when you opened for business sometime ago. --76.188.xxx.xx
eviction arguments (by Polly [MA]) Posted on: Oct 10, 2018 7:48 PM
So once again, should I read a paragraph or two focusing on my major concerns? Or must I memorize them?
Thanks to all!!!
Polly newbie --173.48.xxx.xxx
eviction arguments (by Moshe [CA]) Posted on: Oct 10, 2018 8:07 PM
Prepare a statement, but make in your own, casual words, direct and to the point, and read it over a few times, but not to memorize word-for-word.
Then, prepare an outline of the points that you want to make, first the reason (legal reason) why an eviction should be granted and the law that authorizes eviction for that reason, and then a logical specification of your proof.
Then, go into court and tell the judge, in your own casual words, what the tenant did, and what your proof is. That way, you won't sound rehearsed, your prepared statement will readily supply phrases in your own language, and you will make your arguments in your own casual way, but getting everything in.
I give lectures this way, one next month to our local university on the current status of Israel-Palestine negotiations as orchestrated by President Trump. I use a PowerPoint presentation with just an outline (with hyperlinks to important documents and videos). The outline bullets prompt me about what I want to discuss next, so that I don't leave out any important points, and everything gets presented in my pre-planned order. You could approach your problem also by making an outline to list what you want to discuss, but then giving your speech in a casual way.
eviction arguments (by BRAD 20,000 [IN]) Posted on: Oct 11, 2018 12:10 AM
Mike45 beat me to it. Go observe some cases so you KNOW what your judge wants. This is too important to guess.
Judges HATE HATE HATE whining and "he said/she said" stuff.
Stick to the one point that wins: unpaid rent.
Judges are not likely to evict for smoking, parking incorrectly, not mowing, loud boyfriends, cursing... complaining about those things just annoys the judge.
I hand the judge s simple sheet showing what rent they owe, late fees, the date of their last payment, and a copy of the lease. Have a copy for the judge and the defendant plus your originals.
My tip O the day: Learn how long the judge normally gives and ask for that date on your paper. Don't leave it up in the air.
AND talk to the res and convince him it's better the agree to leave than to let the judge, a total stranger decide the fate of this family. The judge COULD tell him to be out tomorrow. Plus some renters hate court and will do anything to avoid appearing. Some will be arrested when they walk in the door.
eviction arguments (by Vee [OH]) Posted on: Oct 11, 2018 4:52 AM
Why don't you tell us the reason for evicting this tenant, in 6 words or less.... --76.188.xxx.xx
eviction arguments (by MOE [NY]) Posted on: Oct 11, 2018 6:56 AM
To Pollynewby and everyone else discussing this interesting topic:
Rather than taking up a busy judge's time hearing a Landlord orally recite his long list of complaints about his tenant, would there be any value in a LL just handing a judge such a list that said judge might read later?
Or do most of you with experience think most judges would promptly dump it? --173.48.xxx.xxx
eviction arguments (by Nicole [PA]) Posted on: Oct 11, 2018 7:13 AM
my magistrates won't read anything later. Case is finished (unless an appeal filed) while we are all still in the room.
even in areas where the judge makes a ruling later, they won't want the list ... sworn testimony from the involved parties is how court works in most of these cases ... not filed Briefs, Motions, etc. --72.70.xxx.x
eviction arguments (by RentsDue [MA]) Posted on: Oct 11, 2018 8:45 AM
Don't waste their time with anything that isn't documented. They hate that. --71.10.xxx.xxx
eviction arguments (by Laura [MD]) Posted on: Oct 11, 2018 8:50 AM
Don't lie. The judge hears lots of lies and he will know you too are lying. Once you lie everything you say afterwords is suspicious.
Best defense I have seen that always works, is proof rent has not been paid. --108.51.xxx.xxx
eviction arguments (by Vee [OH]) Posted on: Oct 11, 2018 1:34 PM
The judge has to allow the tenant to explain so for this reason use a statement like -unpaid rent-, -unauthorized animal-, -oil leak from car-, city cited owner for environmental problem, -3police reports for loud disturbance in a month-, -unauthorized modification-, city cited owner for no permit. No drawn out sentences, short -n- sweet so judge can listen to the bulloney from the tenant - don't add any bulloney yourself the tenant always has an excessive amount to get the judge mad and then you win.... --76.188.xxx.xx
eviction arguments (by linny [NY]) Posted on: Oct 11, 2018 5:02 PM
What is he best format to present pictures of your evidence to the court? I mean, would handing a half dozen scanned photos of the issues you will be describing to the judge be the proper procedure to follow? Thanks very much!!!! --173.48.xxx.xxx
eviction arguments (by Moshe [CA]) Posted on: Oct 12, 2018 9:23 AM
I would suggest:
stating a claim to the judge (like the tenant left the carpet dirt),and simultaneously submitting a picture of the dirty carpet.
Then, wait for the judge to look at it (that won't take long) and as soon as he raises his head, make your next claim, and simultaneously show the corresponding picture, ...
eviction arguments (by arlen [ME]) Posted on: Oct 12, 2018 10:59 AM
Some courtrooms have pull down screens, and computers with USB ports, which allow you to project your images. Good luck!!! --173.48.xxx.xxx
eviction arguments (by mike [CA]) Posted on: Oct 15, 2018 11:43 AM
be BRIEF and ORGANIZED. 6 photos are better than 25.
dress accordingly...a shirt with a collar is MINIMUM. no shorts
learn to say "your honor, getting back to the matter at hand..." after the tenant blathers on about all manner of things
do not interrupt the other party...if they interrupt you, wait and ask the judge to ask them to refrain from doing so. ADDRESS ONLY the judge
AND AND AND
go watch some cases before yours. learn THAT JUDGES attitude and style.
if you will have ANY statements other than your own the person making them MUST be present. hearsay is b=never allowed
judges listen to BS all day. spare them some and good luck --76.176.xxx.xxx