I have a tenant that I will have to go to court for eviction notice on the 19th. I have a lawyer and all.

I also had the tenant complain about dryer and dishwasher problems. Plus supposedly master bath toilet isn't flushing from the first time. "needs 3 flushes". This is a tenant who sends me a list of things that don't work every week. like another toilet that supposedly didn't flush but I went to check and, of course, it works. But that was before they received the court notice.

I know that the dryer needs to be replaced and purchased one. I also arranged service to come in for dishwasher. However, this was all before court notice.

I intend to go in and have the dryer delivered and installed and check the toilet and dishwasher serviced.

I know I have to give 24 hour notice that I will go into the house. The question is, do we (myself and my husband) need someone as a witness? I intend to tape everything on my phone. And I can't tell if any of the tenants will be there.

Advice? Please. Thank you

if you are in court period, I would not install anything new.

Dryer and dishwasher are not habitability issues.

DW repair,unless under warranty, might cost just as much as a new one. I would have a witness and tape. Only deal with issues in writing. Have the emails to present.

Here in Los Angeles California the judges believe every word that comes out of the mouth of "tenants", while landlords are "liars" that need documented proof!

As a licensed contractor I often find myself in court helping other landlords. Doesn't mater how seasoned a landlord is. When a tenant can "document" repair requests, if the landlord can't prove these repairs have been completed, an EVICTION CASE will the dismissed because a Tenant can not be evicted for a rental that has "unresolved" issues.

Here are a few examples:

TENANT claims they have NO HOT WATER for several weeks and the landlord refuses to replace their defective water heater.

LANDLORD says they were never told of any hot water issues -- that's unit the tenant bring up the NO HOT WATER issues as an excuse in court for not paying the rent.

CONTRACTOR/Witness . Judge I am a Licensed Contractor and Licensed Plumbing Contractor. This property is a 20 unit apartment house, has a large Central Water Heater that Supplies the entire property with Hot Water. No unit in the building has it's own separate water heater. Here is the building permit showing the property has a central water heating system that has been replaced within the last 5 years. Commercial water heaters can last up to 15 years without issue. Three days ago we served the tenant with a 24 hour notice to enter the unit. Once inside I checked all of the plumbing fixtures and found them all to be in good working condition with ample hot water.

For the tenant to claim they had no hot water meant they only turned on the cold side of the faucet.

With a picture showing a 24 hour notice posted on the tenants door. With copies of City permits showing the property has a single central hot water tank. With my report the unit has hot water. The judges only reasoning could be is the tenant is lying to avoid getting evicted.

We gave the Judge the "Tools" necessary to render an eviction. Tenant is not credible.

@AllyM [NJ]

Isn't Nj law that I can go in with 24 hour notice? I intend to do that in writing.

But aside from that, I need to get in to fix the toilet which I know is not clogged. If I hire a plumber to go in and fix it, I still will only get a window when they can come. You are saying that I can't go in unless they are there and they are not responding to my requests to find out when they will be available.

So it is a catch 22, I can't arrange for plumber and can't go in. no win either way.

I think I will send a certified letter asking when I can come in with a plumber and indicate that I will only have a window, not a specific time. But this will still not fix the toilet.

All my communications are done in writhing, either email or text.

Do you think this is a good way to go?

And eviction is not guaranteed. The tenant is a professional RE appraiser with family RE business in the past and knows all the ins and outs.

Who knows what they will do?

I don't know how the laws in your state work, but in Missouri tenants cannot use problems with the property as a defense against paying rent UNLESS they have followed the detailed legal process to do so AND file to admit evidence in court.

What often happens is folks don't pay the rent, then when you try to evict they come up with a laundry list of things that make you sound like the slum lord from H3L! and try to stall for time, claiming the unit is not habitable. Then of course they won't let you in to actually FIX anything.

Our judge simply asks--in so many words-- "Did you follow the legal process for not withholding rent, or did you just decide to use this list of issues as a smoke-screen for not paying?"

Good ol' Missouri judges. They know this tenant trick and don't fall for it.

we have the same as Sid MO here in GA. There is no legal reason not to pay rent. Bring up issues in court when the fact and suit is for nonpayment of rent-- other issues can not be heard-- well they can be heard but not judged. It comes back to the same statement-- from the judge-- did you pay the rent.

Sarh -- is this a ll tenant lawyer-- let's hope so-- don't just use anyone. Tenant sends you lists-- WHAT lists? Your honor this is all news to us and isn't it convenient they bring the list now. Your honor this has nothing to do with not paying rent. Deliver nothing until they leave.

I would not record anything-- your state may not allow that and YOU could be the one breaking the law.

thank you all for helping. I prepared the certified letter. will send tomorrow.

Now the tenant sent me texts saying she wants to settle before the court date but she doesn't know anything about lawyer fees and will only pay back rent and she just doesn't understand, and the lawyer is not responsive. bla bla bla

@Robert,OntarioCanada

I have done everything you listed and here, you can't get a CO (certificate of occupancy) without a proper inspection of the house and another by the fire department. There were no issues.

Thanks for the tip about landlord association. Never heard of it, but will look into it. The credit report was clean. No rental references though because they always owned.