 Has any one won (by bet [MA]) Oct 12, 2018 7:29 AM
 Has any one won (by Ken [NY]) Oct 12, 2018 8:17 AM
Has any one won (by myob [GA]) Oct 12, 2018 8:30 AM
Has any one won (by Vee [OH]) Oct 12, 2018 9:25 AM
Has any one won (by Steve [MA]) Oct 12, 2018 11:35 AM
Has any one won (by bet [MA]) Oct 12, 2018 12:30 PM
Has any one won (by LordZen [MA]) Oct 12, 2018 3:19 PM
Has any one won (by Robert J [CA]) Oct 12, 2018 7:57 PM
Has any one won (by LordZen [MA]) Oct 13, 2018 9:10 AM
Has any one won (by RentsDue [MA]) Oct 13, 2018 9:57 AM
Has any one won (by bet [MA]) Posted on: Oct 12, 2018 7:29 AM
Message:
I am still going to court over L. Month Rent. only because they keep sticking us with a mediator who doesn't know the law or refuses to quote it. So next court date, I am refusing mediation and requesting a hearing. I cant image they can win because the law clearly states they have to give a 30 day notice and the prepaid rent is clearly that,.. Rent. Just wondering if anyone has won a case like this. I did previously, but now the mediation is not good. I am ASSUMING the judge will have to rule on the law not the emotion the tenants are bringing to court. As they have told me, anyone hearing their tales will think it just isn't fair. Case is simple, they paid on the 1st and gave their notice via text on the 10th and moved out by month's end demanding their LM rent back. I am sticking to my guns until the judge makes me give them back their money. --74.104.xxx.xxx |
Has any one won (by Ken [NY]) Posted on: Oct 12, 2018 8:17 AM
Message:
If you weren't holding last months rent they still didn't give a proper 30 day notice and I have sued and won for that so the only difference is you are holding the last months rent so I think you should win no problem --72.231.xxx.xxx |
Has any one won (by myob [GA]) Posted on: Oct 12, 2018 8:30 AM
Message:
Here in GA -- required to meet up with defendant to settle. Judge will sometimes require mediation and of course you try it but only on the surface. Keep this in mind-- they owe you and it's not the mediators money-- it's yours. Many many many times we just tell mediator we're done want to go back into the court. WHY? Because as you say mediator isn't the one losing money--- I've said this before: this is why when you have a tenant who answers the court and a date is set for hearing -- you need a mouth piece. NOT YOUR big mouth of course.
I hate the mediators they send you too. Totally for the tenant and very ignorant of what your there for and could care less-- about your situation. Don't bend with the good ol boy talk from them. --99.103.xxx.xxx |
Has any one won (by Vee [OH]) Posted on: Oct 12, 2018 9:25 AM
Message:
I have won by asking to skip mediation, about 4 years ago I put in a waiver of bench trial in the lease, they want a continuance? Well even though we have an exclusion in the lease if the amount owed is paid in 3 days (OH uses a 3day notice) then I will agree to 1 continuance or demand the case move forward on the fifth day from today. Never had one paid so went in for the writ and sheriff moveout day... --76.188.xxx.xx |
Has any one won (by Steve [MA]) Posted on: Oct 12, 2018 11:35 AM
Message:
Bet, I agree with your take on this. They didn't give proper notice before the start of a rental period so they owe for the current period when notice was given as well as the next rental period. Of course we both know that in MA the judge might just decide to ignore your contract & the law.
Is this in district court or housing court? I always go straight to housing court when I file against a tenant. The few times tenants have taken me to court I have the case transferred to housing court. In the housing court I use unless we've reach our own agreement we have to meet with a mediator. If we can't reach an agreement with the mediator's help, we just go before the judge the same day.
--96.237.xx.xx |
Has any one won (by bet [MA]) Posted on: Oct 12, 2018 12:30 PM
Message:
Steve, yes that sums it up except I dont like the part you wrote that " judge might just decide to ignore your contract & the law". I cant figure that since its the law! --74.104.xxx.xxx |
Has any one won (by LordZen [MA]) Posted on: Oct 12, 2018 3:19 PM
Message:
Oh wow Bet, you still dealing with that, i am taking notes, OMG --73.159.xxx.xxx |
Has any one won (by Robert J [CA]) Posted on: Oct 12, 2018 7:57 PM
Message:
The tenant wouldn't pay the rent. So I served them with a 3 day notice to pay or quit. Then I followed it up with an Unlawful Detainer Action (eviction in California). The tenant filed an answer saying they are poor and got the clerk to waive the filing fee's.
So in court the Judge told everyone that unless we go out in the hall and try to work something out, our case will be the last to be heard on that that, if not the next day.
So I agreed to a stipulated agreement. The tenant agreed to be out in 30 days. If the tenant isn't out by then, all bets are off and the court will enter a judgment for all back rent and forward the paperwork to the Sheriff for a lock out.
The tenant was not out on the 30th day. So on the 31st day I got the police to make a "house call". They witnessed that the tenant will still moving, a car load at a time, only half done. So I had my attorney return to court with one of the police officers. The officer testified the tenant were still in the unit. So the judge entered a judgement in my favor for all back rent plus the last 30 days period that was supposed to be free.
The tenants filed a appeal saying they had moved by the 30th day. The judge had another hearing. My attorney, 3 of my tenants and the police officers testified that my tenants were mistaken, they were not out on the 30th, 31th or even the 38th day when the Sheriff's posted the lock out notice. I had a statement from the sheriffs.
So finally I got the tenants out and waited six months to convert my eviction to a money judgement. Then I filed my lien against their credit report and filed it with the county recorder's office. I've made many attempts to collect but it's like having my cat fetch slippers...never going to happen. --47.156.xx.xx |
Has any one won (by LordZen [MA]) Posted on: Oct 13, 2018 9:10 AM
Message:
Robert that is nuts!!! OMG --172.56.xx.xx |
Has any one won (by RentsDue [MA]) Posted on: Oct 13, 2018 9:57 AM
Message:
I have won in housing court where tenant refused mediation. I think your refusing it and going straight to the judge is a good idea. My case was not LMR, it was SD. Tenant was mad and wordy. Judge told him he sympathized with his situation but he had to follow the law. --174.199.xx.xxx |
Reply:
|
|