Over here even if they don't show up, they can still appeal.

Does he or she have a history of evictions?

Go in there, with "Just the Facts, Ma'am."

A tenant is allowed to appeal any adverse judgement whether they are at the initial hearing or not (at least that is the rule in NC).

However, our appeal hearings are generally held several weeks after the initial hearing so unless you were granted an eviction at the initial hearing the tenant can stay through the appeal hearing.

Having "nowhere to go" is irrelevant to the court. However, I have seen judges be more lenient by offering an extra week if they have very young children.

Vulgarity, lying, and intoxication may not be cause for an eviction, but they are a precursor.

So I reread your opening line and wanted to ask about your items and how did the court prepare your case against this tenant,

1) Disorderly conduct - this is not a housing thing unless you have it in your lease about police interaction resulting in broken lease

2) intoxication - again do you have blood alcohol ratio evidence to substantiate this claim, don't people drink at home? better than public intoxication which is often chased thru criminal court

3) making up lies about - well anything, all heresay drama, why does this get someone pushed out of their house? need good witness showing to substantiate this claim, this would be a jury trial situation - rather long delay (think at least 18 months) and expensive trial cost to recover what?

4) saying he is the owner - again need a strong witness turnout to prove this to a jury, what is the expected gain?

5) vulgar language - unfortunately some segments of society consider this normal and you may have allowed a section like this to become a tenant - I just walk away from this to avoid fueling the machine, sorry but I am going to return when we can talk like adults

6) unpaid rent - there is your case, simple and straightforward, show the judge a copy of your rent ledger (I submit this as evidence when I file as exhibit b, c, d and so on so they already have my proof in hand before the case is heard) showing timely payments 3 or 4 months and then the tenant has to produce a copy of a rent receipt that matches the ones previously given for rent payments.

Spending time on the previous bulloney will surely add months to your eviction case as it will likely be suggested to go to a jury trial and your witnesses can not get lost for the next 2 years while a trial date is set, jury impaneled and a couple pre-trial discussions evolve into a settlement or onward to trial.

Have in my lease: Tenant's family and guests shall at all times maintain order in the premises and at all places on the premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents.

Which he is disturbing the other tenants.

A court decision can always be appealed.

Not having any place tp go is not a good reason for the Appellate Court to set aside an eviction.

I don't know about LA, but in L.A., disorderly conduct. Intoxication, making up lies sbout having keys to apartments, saying he is the owner, vulgar language are not good reasons for an eviction. Nonpayment of rent is another story.

I would be surprised if there is ANY basis for telling a tenant to leave on 24 hours notice.

Barb,

Yes, anyone can appeal after the judge’s decision.

More likely is they will ask for a delay of the hearing due to “sickness”.

The judge hears “But I don’t ______” several times a day.

Focus on on unpaid rent. Have your rent ledger copy for the judge to prove they have not paid. SHOW the judge rather than TELL.

From what you describe I doubt this res will put up a fight and probably not show up at the hearing.

Find a local LL assoc, any group within driving distance, and get plugged in.

Like Vee sugests, go observe in court NOW so you are familiar with the system on your day.

After sending emails to housing, this is the message to me:

I spoke with Tenant this morning. I advised them to go to the court hearing and the Judge will hear out both parties and make his decision and a time frame, usually 24 hours, will be given to vacate the property, but to start now making preparations now. She informed me that they are already packing. I reiterated to her this agency will need a copy of the Judge's ruling (Judgment).

Does that sound like it is cut and dry?

I have the rent receipts to show. Last 3 months: Dec 8, Jan 15, and not paying and calling on 17th. 5 day grace period, which I am not giving anymore.But I will tell the judge I am not accepting the rent. La law is you don't need to take the late rent payments in the court room. They are going to use taking care of the grandchild, her diabetic, or maybe we took rent late before, or something up their sleeve. I could work on getting a letter on his disturbance and knocking on her door if I need more only to have if I need it. Also, from another tenant which would like him to go.

Lots of good advice -- non-payment is the meat and potatoes of Eviction Court. Keep focused on that, it is usually a slam-dunk.

When the T tells the judge "I don't have any place to go," the Judge MIGHT take pity and give the T a few days to move out. I was shocked when one of my judges gave a T 6 days to move; that is not normal, and I never got an explanation as to why the judge did this. But I will discuss it with other landlords to see if this judge is a softie, happy to give away the LL's money!

Normally, the appeals court is pretty tough and reasonably fast. "I have no place to go" does not cut it with the appeals court. An appeal is to address errors of law, not sympathy for one of the parties.

Nonpayment of rent wins every time and is the easiest. I copy the entire file and present to court, That includes all police reports if they were called for disorderly conduct. If you have cited him for disturbing the peace of other tenant the formal notice should be present.

I would keep it clean with just nonpayment of rent. When I have a lot of other issues with tenants, surprisingly THEY bring up all the other issues to the judge and I just respond with my documentation. This is good, because they think like tenants and they do a better job of presenting your case against them than you ever will.

I even sent a Thank You note to a couple once with their deposit statement because they went on an on about getting in trouble about their dog as the downstairs tenant had a dog, and they brought up the police calls over their fights and her subsequent overdosing on pain meds. They really helped win my case and the judge gave them a really good lecture to boot.