ELT and Eviction (by Rangor [TN]) Oct 9, 2018 7:51 PM|
ELT and Eviction (by Rangor [TN]) Oct 9, 2018 8:01 PM
ELT and Eviction (by BRAD 20,000 [IN]) Oct 9, 2018 10:28 PM
ELT and Eviction (by myob [GA]) Oct 10, 2018 8:54 AM
ELT and Eviction (by Mike45 [NV]) Oct 10, 2018 10:38 AM
ELT and Eviction (by NE [PA]) Oct 10, 2018 10:45 AM
ELT and Eviction (by BRAD 20,000 [IN]) Oct 10, 2018 12:13 PM
ELT and Eviction (by Mike45 [NV]) Oct 10, 2018 5:06 PM
ELT and Eviction (by JB [OR]) Oct 11, 2018 9:13 AM
ELT and Eviction (by Rangor [TN]) Posted on: Oct 9, 2018 7:51 PM
I have used the ELT a number of times but it has always been initiated by the tenant wishing to terminate the lease early. I may have an eviction in my future and am wondering how the ELT is handled since it is technically the landlord terminating the lease due to non-payment.
Are you still able to get a judgment for the ELT amount as well? Obviously the lease wouldn't be terminated if rent were paid but I'm not sure how the courts view it. I'm sure at some level it is a 'know your judge' kind of issue. I was just curious about your experiences. It's not the end of the world if I wasn't awarded it since they have been with me for at least 18 months. Thanks.
ELT and Eviction (by Rangor [TN]) Posted on: Oct 9, 2018 8:01 PM
Just to be clear, my lease renews after the first year with the same terms (except a built in rent increase) so the ELT is still a part of the lease every year. It does not go month to month at any time. --75.136.xxx.xxx
ELT and Eviction (by BRAD 20,000 [IN]) Posted on: Oct 9, 2018 10:28 PM
I remember so clearly how I taught ELT at National Convention one year. I got a year of grief, LLs telling me it would never work.
The next year I asked if anyone had used it and ONE PERSON in the front row raised his hand, so excited he had brought in an extra $1200 via ELT - YOU!!
MY judge says it is to the advantage of the resident, to have the choice of paying for several more months or just this one time fee.
I have added wording that the ELT is "for ending the lease prior to it's anniversary day for any reason, including eviction. a 60 day notice is still required."
I print the entire clause on the Deposit Settlement sheet I hand the judge so he/she does not have to refer back to the lease.
If ya don't ask yul never get.
No penalty for asking.
My latest method: I prepare in advance a MOTION FOR DEFAULT JUDGMENT in case they don't appear. I ask for a legit amount BUT I don't have to show any documentation to back it up. As I understand it the judge must rule on my MOTION. Won several like this recently.
If they do show I ALWAYS attempt to work this out in the hall before the hearing. The ELT gives me lots of wiggle room to give them a discount if they will settle before the hearing.
Go for it!
ELT and Eviction (by myob [GA]) Posted on: Oct 10, 2018 8:54 AM
I use the early term but and this is a big butt if there's a lot of contract time left I have to weight whether to go for the Early term or do the "REMAINDER OF CONTRACT RENT".
Think ANY JUDGE WOULD THROW OUT for DOUBLE DIPPING doing BOTH.
I don't like poking the monkey on this. Judges have long memories and were in court all the time so we don't want to come off as greedy. --99.103.xxx.xxx
ELT and Eviction (by Mike45 [NV]) Posted on: Oct 10, 2018 10:38 AM
If the ELT is worded as tenant having the option to terminate the lease early by paying the ELT, it would NOT be applicable in an eviction setting. Brad's clause above does not seem to be so worded, and it MIGHT fly.
Brad, in a Motion for Default Judgment, you are still (supposed to be) required to prove your damages. So if I were your judge, I would require the backup documentation and breakdown of damages. Without backup, I would RULE on your motion by denying it without prejudice.
ELT and Eviction (by NE [PA]) Posted on: Oct 10, 2018 10:45 AM
I would certainly try. --174.201.xx.xxx
ELT and Eviction (by BRAD 20,000 [IN]) Posted on: Oct 10, 2018 12:13 PM
All judges vary. MY judge says there is no Indiana law against what some people might consider double dipping. He says once the LL has possession of the property the LL can do with it as the LL pleases.
I also added the ELT is for liquidated damages.
In real life I hand the judge the Motion and the judge rules. I DO have the backup documents if asked but so far no asking.
ELT and Eviction (by Mike45 [NV]) Posted on: Oct 10, 2018 5:06 PM
Brad, I recently got a local attorney mad as heck for insisting that he submit sworn affidavits instead of just his unsworn moving papers in support of his motion.
Many years ago, I was taught that "due process" requires me to based my ruling on competent evidence and not just on the fluff that non-sworn papers are. I thought I was doing him a great favor by continuing the hearing to allow him time to submit proper affidavits instead of denying his motion, but he was still upset with me.
So long as you have the back-up documentation available, that is cool.
ELT and Eviction (by JB [OR]) Posted on: Oct 11, 2018 9:13 AM
You try that ELT with an eviction around here and the judge would laugh you out of court. Good luck. --24.20.xxx.xxx