So after everyone's good advice on my evicting of a mom and 2 kids (one with mental disability) I am going to court next Monday, that is if she doesn't file some sort of delaying motion. I couldn't afford an attorney because the rental is half my income, so I went to Legal Aid, who will assist only in the first UD complaint pages. Helped a lot. I had my notices way too wordy for the court. They gave me simple forms, we served the Tenant again, properly, and filed. Also despite my protests of not to fill out a huge form for 'Waiver of Filing Fees' I did and got all fees waived so I am paying very little to file the case except all the time, effort, paper, printer ink, pictures, angst, etc. Trial is 8:30 Monday. I was hoping the Tenant wouldn't respond and I could get a default judgement, but she did at the very last minute. So here's my question: On her 'Answer' she checked off MOLD. Yeah, like there really is mold there? She's OCD clean and I fix every little thing the minute I am alerted by a Tenant. First mention of mold and that the house was totally uninhabitable, was her answer to my complaint. I sent her an email (probably shouldn't have) that I coudln't imagine her allowing her kids to stay in a mold infested house. She got really mad, as I expected she would. So now I'm trying to get into her house to inspect it for mold and she's stalling me. Scheduled for yesterday, she cancelled till today. I'm betting she cancels again. Sadly, I found out just 2 weeks ago, after not being paid any rent since January, that she didn't have just one little explainable eviction (divorce, living with father in law and he wanted both of them out), BUT she has SIX. Yeah. 3 got dismissed along the way against her money-wise, but judgements for the significant other she was living with. Wish I knew that before I rented to her. Lesson learned. I need to go to the Central Courthouse to look at records and not rely on my computer where they didn't show up.

Wish me luck, I'm ready with pictures to show the judge, and lots of copies of 'evidence', emails, documents, and hopefully when I finally get into the house, I will find no mold, or if I do, I'm taking all the things I need to eradicate it pronto. Can't imagine why she claims mold, except it strikes terror in MY heart that the judge will say I'm a negligent Landlord. What a mess!

In my state the claim of mold would NOT halt an eviction for non-payment of rent. The judge would tell the tenant that mold is not the issue we came to discuss at this hearing. If the tenant wants to sue me for having a moldy house, they can pay their own filing fee and have their own court date. We stick to the topic at hand: unpaid rent.

The judge may ask if the tenant followed the correct legal procedure for withholding rent due to the premises failing the warrant of habitability. Most tenants don't even know that process existing. In their mind, if they don't want to pay, they figure if they whine about something then the judge will give them more time. Thankfully, our judges know that old trick and stick with the law. Unless the tenant can show they followed the correct process, it's pay up this instant or default judgment for possession.

Remember when you get to court to keep your mouth shut!

Your Honor,

Here is the lease, I've put a sticky note flag by the rent amount we agreed upon.

She has not paid the rent since X Date. The total she owes for rent and water is $$$$$.

Stop. Don't say anything else unless asked a direct question by the court. Nothing else matters.

I know you don't think you can afford a lawyer. I understand - I've been there.

BUT

Are you SURE you can afford to NOT have a lawyer?

It sounds like you are heading in for the first time, with a lot of uncertainty, against a tenant who knows some tricks - more experience in eviction court than you.

It doesn't always go that smoothly. I had one last year where I thought I had everything in order, and understood the system enough. Tenant said one "magic" word & turned it all around. I wasn't ready with a quick enough appropriate response, as a lawyer probably would have had. It cost me - about as much as a lawyer would have.

Best wishes - let us know how it goes!

And DO NOT go into that house with that tenant while this is going on. Keep yourself safe! She used the "M" word to get you upset. Take a DEEP breath and stay in control.

Awesome advice Barb and DJ. I plan on not saying much except she has paid no rent since February at $1650. a month as per the month to month lease. I'm hoping she will immediately 'correct' me as she swears that my using her security deposit as February's rent (with HER notice to me to end the lease and move out) after she agreed to let me do that. She is prone to defending herself loudly when challenged.

Then later, she wanted a 'receipt' for February's rent, which I refused since she had the paperwork saying we used the security for the rent. I am sure she had a reason for wanting a REAL receipt showing she paid February.

The mold issue is a different problem. Once notified of mold, I have to investigate and remediate (if I find any). If I don't try to determine a mold problem I can be accused in court of not fixing a serious problem when notified. Catch 22 here. Go there and find mold and fix it, or don't go (easier for me) and have the court ask why I didn't go look when she told me in the court papers. Ugh!

This is no fun As for hiring a lawyer, I would LOVE a lawyer, made appointments with several but all of them wanted upwards of $1500. upfront to start the case. I'm not kidding when I say I don't have any money. I live on just short of $2000. a month when I don't get her rent. It barely covers my credit debts and leaves about $200. for food and other necessaries. I might try to find someone who would do it pro bono, if she files for medical damages for the mold. She's claiming illness and almost calling an ambulance a few days ago. I'm not buying it, but if she gets some pro bono lawyer who thinks he can get mega bucks from me, I'm doomed. All I have is my heavily mortgaged property. Nothing in bank, I live penny to penny. Totally screwed here right now.

" In my state the claim of mold would NOT halt an eviction for non-payment of rent. The judge would tell the tenant that mold is not the issue we came to discuss at this hearing. If the tenant wants to sue me for having a moldy house, they can pay their own filing fee and have their own court date. We stick to the topic at hand: unpaid rent.

The judge may ask if the tenant followed the correct legal procedure for withholding rent due to the premises failing the warrant of habitability. Most tenants don't even know that process existing. In their mind, if they don't want to pay, they figure if they whine about something then the judge will give them more time. Thankfully, our judges know that old trick and stick with the law. Unless the tenant can show they followed the correct process, it's pay up this instant or default judgment for possession. "

Its a little difficult to take the above report seriously, in the light of Missouri Court of Appeals decision No. 25812 [King v. Moorehead, 495 S.W.2d 65 (1973)].

This decision is virtually identical to decisions reached all over the country about the same time, in which a defendant renter pleads that he is not obligated to pay rent when the landlord has failed in his responsibility to maintain the rental premises in habitable condition.

The Mo Appellate Courts said: "We adopt the view that a lease ... gives rise to a contractual relationship between the landlord and tenant from which the law implies a warranty of habitability and fitness by the landlord. Under contract principles a tenant's obligation to pay rent is dependent upon the landlord's performance of his obligation to provide a habitable dwelling during the tenancy. ... A more responsive set of remedies are thus made available to the tenant, the basic remedies for contract law, including damages, reformation and rescission. "

The language and arguments of this MO Appellate case are virtually identical to the case of Green v. Superior Court in CA, decided also in 1973, and is probably virtually identical to a similar case in nearly every state, sand probably decided at about the same time.

Thanks myob. By the time I get in front of the judge, I will be all business, all short and sweet and just ask for my house back. I won't go into any details unless asked, but I will have the packet of 'evidence' all nice and organized and labeled in case it is necessary to answer the judge's questions.

This is totally scary since she seems determined to fight this to the very end. You see, she doesn't want to MOVE. She wants to stay here. It's quiet, it's nice, it's a great place to live close to everything. (she has no car DUI stuff). She is mad because I asked her to leave when she was so happy. Totally vindictive, but I won't be mentioning any of her 'faults' in court. Just the facts. Here, not paying, won't move out. Period. I will keep repeating that to myself till I get to court.

I agree with the others. It would take a pretty naive judge to not see through her ruse. If her first claim of mold didn't come until after you'd filed the eviction, it's pretty clear what she's pulling. I've sat in court and seen this tried more than once. The judge just asked, "Did you pay your rent? Did you escrow it? Eviction granted."

Good luck!

I've said it many times before on this forum...not all molds are hazardous. Did she report the mold to you previously and give you a chance to fix it? Did she have the mold tested to see what genus/species it is? The color means nothing. THere are thousands and thousands of types of mold, most of which are either harmless or merely "allergenic".

Messing around with a deadbeat on a home worth at least $800k... I'd be selling. CA is for tough as nails LLs. Sorta Blonde, you sound too nice to be a California LL. I'd sell that place and not look back.

As for right now, I'd really want you to have professional representation because you are up against a professional deadbeat. She's been doing this too long not to be great at it. If an attorney was able to get her out just a couple of weeks sooner he would pay for himself. I'm nervous for you. Hang tough!

Wow, I cannot believe all that you had to go through. Please read and reread these posts to give you courage, tips, and insight about how Monday will go. Take a deep breath. You got this.

I can tell from your lengthy report before you go into the courtroom have someone circle your mouth shut with tape so you don't dig yourself a family size grave of non-related stories,

Sorta,

I HIGHLY suggest you type out a simple statement and NOT try to remember what to say. Hand it to the judge. I use 12 point type because judges read and talk at the same time.

"Your Honor,

I am requesting eviction of the resident for non-payment of rent.

The last payment was made on ______.

The amount of rent due is $_____."

Regarding mold: Mold is EVERYWHERE so yes, a mold inspection will show mold.

Me? I buy one of those mold kits from Lowes or WalMart ($8) and expose it to fresh air outside. It WILL be covered with mold after a few days.