Preparing For Court For An Evictions Proceeding
Prepare in Advance.
Be prepared. This is the most important piece of advice. Check that you have a copy of your lease. Check you’ve brought the exact amount that’s due, to the penny, not an approximate amount. Never say a judge, “They are obliged to pay approximately…” That will only upset the judge. When the judge asks you how much they owe, “It’s $2,000.12, and that is composed of a $75 late fee and $1948.33 of unpaid rent.” That’s the best way for you to respond such a question. Do not say, “About $2,000.”
The judge may say, “How did you get that amont?” so make sure you’ve got a very detailed accounting statement showing right to the penny what’s owed,including any court costs. But he judge usually knows to include court costs. You don’t really need to tell him to do that.
That’s usual process, 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 can add that at that point. Have a detailed accounting statement with exactly what’s owed broken down by late fees, by rent, and then byother things. The judge may ask you for thatinformation.
It’s important that you’re prepared toanswer all questions. “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 toanswer that question precisely. Again, do your homework.Check that you have the Notice to Quit that you sent out and the late letter, andbe sure you’ve got copies of those with you in court.
Documentation:
Any communications with you and your suffolk landlord tenant lawyer, any letters that you’ve sent, make sure you bring copies ofeverything with you to court. If there are repairs that you hadto do, be sure you’ve brought your contractor’s invoices so you are able to prove 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 possible the tenant willdesire to sit down with you and work out certainkind of settlement, which is fine, but justunderstand that you should make sure you include the court cost and attorney’s fees into the agreement. If you have a written agreement that you’ve agreed to together, then go into the court together, and say, “Judge, we’ve come to an agreement. We have a settlement. The court will hear your case right away.”
You will then have to read your stipulation to the judge. His clerk will document it, and that way the courthas a record of exactly what the agreement is. If the renter does not adhere to the agreement, you may come back a couple weeks later and say, “He’s not sticking to the settlement agreement. I would like to continue with the eviction ny process.”
Comments
Tell me what you're thinking...
and oh, if you want a pic to show with your comment, go get a gravatar!