First damages hearing in 14 years of landlording. There are not many physical damages but mostly back rent.

Back rent is the easiest to prove, and judges can't deny you back rent.

Tenant can't prove they paid when the didn't. Withholding payment is probably against the rental agreement, even if T claims deficiencies.

Prepare well organized statement of charges, separately listing every charge and every credit. Use a large font in bold print, list totals at bottom of page.

Charge full retail price for every task needed to make rent ready.

If it's just back rent you MAY be OK by yourself, but after my first experience in court (for damages), I recommend getting an experienced RE attorney - especially since it's your first. He/she will know what to say when, and will more likely get a positive outcome for you. What seems like a slam-dunk does NOT always go that way. Especially if you are not experienced in that particular skill.

14 years? you need to sit in on several days of cases until you understand the SYSTEM.

We use an electronic paymaster where every payment ever made by a tenant is listed in chronological order and it shows which payments have been missed. We also send a copy to the tenant for their review and ask that if we missed a payment to please provide their bank statement as proof. Judge asks if they responded to the email and alway say no.

Damages are easy. We show a ton of the before and after pictures and a list of the costs of repairs.

Batting average 1,000.

I'm no expert...only been to court three times...but...

Don't elaborate too much...answer questions directly and short as possible.

Role-play what the tenant might say and have your responses ready.

KNow the facts. If the judge asks for dates and amounts, you better have them, along with some sort of proof.

Be respectful, even of the tenant. Don't raise your voice, stay calm and professional.

Here in Los Angeles, a landlord can not evict unless the rental is in perfect condition. So tenants make false claims so they can live rent free and make the landlord jump over hoops.

In my eviction case the tenant had reports they made to "the Housing Department" with respect to condition in their unit. They claimed they had NO HOT WATER, and I did nothing about it. They needed a new water heater.

The Tenant then also claimed they had no Heat, the furnace wasn't working.

Next the tenant claimed the carpet was old and shot and needed replacement.

On on these three issues the judge said, "When your replace their water heater, furnace and carpet", you can come back to court and evict for non-payment of rent--not before.

I showed the judge my Contracting Licenses, I am a California Licensed Plumbing Contractor, Heating Contractor and so on. I told the judge that this tenant and all of the other tenants in the building do not have their own water heaters. There is only 1 Large 100 gallon central water heater. I presented documents that show the building was permitted for only a central water heater and my contract with the Gas Company for provided Gas for my Central Water System. This meant my tenant had lied to the Judge about not having hot water. I then had two tenants from other units testify they were never without hot water.

Next, I presented a picture of the gas meters where that tenants "gas service" was turned off for non-payment of their gas bill. That is why the furnace doesn't function.

Next, I presented pictures, the lease and my paid receipt and cancelled check showing the carpeting was new when the tenants moved in 8 months ago. This carpet, FHA rated 32 Oz should last 5 to 7 years, not months.

I proved the accusations made by the tenant were false, without merit.

Now the judge had the tools to allow the eviction to go through. Also I had a "Housing Inspector" there from a general Code Enforcement Inspection from 2 years ago. He also testified that my apartment complex was in tip top condition and he found no fault with my maintenance.

Jeff,

Been to court over 1,000 times. Here's what ya gotta do...follow these steps for a 100% WIN!

When I go to court I don't go to win I go to ANNIHILATE! Your res might show up with a free atty who eats LLs fro lunch. Preparation and proper procedures is EVERYTHING.

1. Mail or deliver a written deposit settlement statement WITHIN 45 calendar days. Have a USPS CERTIFICATE OF MAILING ($1.04 plus a stamp) or PRIORITY MAIL $6.75, print out the tracking as the judge might ask for evidence you sent it. Goes to last known address.

2. Defendant MUST be served with a court summons. If they did not show for the initial eviction hearing you must track them down and serve them. If YOU serve you must have proof in the form of an Affidavit of Service or photos. No service = no hearing, no judgment, no money.

3. We ALWAYS try to settle in the hall before court. 90% will settle when approached softly.

4. Have an AGREED JUDGMENT form, WAGE ASSIGNMENT forms ready, and DEFAULT JUDGMENT form ready. If they show you get them to sign the AGREED and WAGE paperwork, just hand it to the judge. No surprises.

If they do not show just hand the judge the DEFAULT form. Done.

5. I just sat thru a session with 2 judges from Indy. Both said the 3 most importation things in your case are DOCUMENTATION DOCUMENTATION, and DOCUMENTATION.

Often the person with the most evidence wins.

6. The amount can only go down in court so pump up the prices in case the judge starts making deductions, and so you can negotiate with the def in the hall. My lease is clear: a whole page, 2 column, single spaced of common repair costs, pre-agreed at lease signing. Like $265 to repaint each room.

7. I have a photo of each repair and evidence of filth with a room name, a brief description of the problem and repair, and the cost on each photo.

8. Keep it simple. No stories just the facts.

Rent is $___.

July is unpaid $____.

Late fee per lease is $___,

Cleaning $____

Subtotal $____

Minus Deposit $____

TOTAL OWED $______ plus court costs.

9. The packet I hand the judge has

-Summary of charges and deposit

-Photos with prices

-Lease

Make 2 copies and you keep the original.

EVERYTHING is now admitted into evidence and technically must be considered.

10. Call the court office and ask when is a good time to observe damage hearings. Go sit and listen. Judges notice that you care and remember. Might even teach you.

Court is also a people business. Get to know how that judge operates because every court is a little different.

Best of luck!

If you have missed the 45 day deadline there are still things you can do.

When you go to court and win your judgement, along with all your other documentation be sure to LIST and ASK the judge to include the 9% interest on the judgement.

We are allowed to get 9% interest on judgements but only if the judge writes it on the judgement paperwork. Sometimes the judge forgets to write it on the paperwork but you can gently remind him to please write it on the judgement paperwork.

9% doesn’t seem like a lot when you are just glad you got the judgement.

My “Robert story”. I got judgement on a tenant for around $2,500. That was about 12 – 15 years ago. He now owes me around $7,500 as the interest is added on to the original judgement. This tenant cannot get a good job or even work for a w2 job. The rest of his life he will be hand to mouth, hiding just so he doesn’t have to pay what he owes.