my eviction court date
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my eviction court date (by Roy [AL]) Jun 23, 2024 12:59 PM
       my eviction court date (by ken [NY]) Jun 23, 2024 1:25 PM
       my eviction court date (by Roy [AL]) Jun 23, 2024 1:47 PM
       my eviction court date (by DJ [VA]) Jun 23, 2024 2:15 PM
       my eviction court date (by ken [NY]) Jun 23, 2024 2:23 PM
       my eviction court date (by RB [TN]) Jun 23, 2024 2:28 PM
       my eviction court date (by Roy [AL]) Jun 23, 2024 2:49 PM
       my eviction court date (by Renne [TX]) Jun 23, 2024 3:03 PM
       my eviction court date (by Roy [AL]) Jun 23, 2024 4:02 PM
       my eviction court date (by Steve [MA]) Jun 23, 2024 4:21 PM
       my eviction court date (by Robert J [CA]) Jun 23, 2024 5:23 PM
       my eviction court date (by Roy [AL]) Jun 23, 2024 8:22 PM
       my eviction court date (by ken [NY]) Jun 23, 2024 8:44 PM
       my eviction court date (by Ray-N-Pa [PA]) Jun 23, 2024 8:46 PM
       my eviction court date (by S i d [MO]) Jun 23, 2024 8:47 PM
       my eviction court date (by S i d [MO]) Jun 23, 2024 8:48 PM
       my eviction court date (by Roy [AL]) Jun 23, 2024 9:51 PM
       my eviction court date (by MC [PA]) Jun 24, 2024 6:00 AM
       my eviction court date (by tryan [MA]) Jun 24, 2024 7:00 AM
       my eviction court date (by 6x6 [TN]) Jun 24, 2024 8:15 AM
       my eviction court date (by zero [IN]) Jun 24, 2024 8:42 AM
       my eviction court date (by Roy [AL]) Jun 24, 2024 9:32 AM
       my eviction court date (by Roy [AL]) Jun 24, 2024 9:44 AM
       my eviction court date (by ken [NY]) Jun 24, 2024 10:01 AM
       my eviction court date (by Roy [AL]) Jun 24, 2024 10:11 AM
       my eviction court date (by ken [NY]) Jun 24, 2024 10:18 AM
       my eviction court date (by Roy [AL]) Jun 24, 2024 12:28 PM
       my eviction court date (by zero [IN]) Jun 25, 2024 9:00 AM

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my eviction court date (by Roy [AL]) Posted on: Jun 23, 2024 12:59 PM
Message:

On Monday June 10th, I posted a 7-day P/Q notice on the door of the tenant I have had for 6 years since she did not pay June rent.

She ignored the 7-day P/Q notice. So, on Monday the 17th, I paid the $247 filing fee and filed for eviction at the courthouse. The sheriff served the eviction papers on her on Thursday June 20th.

Yesterday in the mail, I received a court document where she has very promptly answered my eviction claim and has requested a court date so that she can tell the judge why she feels like she should not be evicted. That court date is July 2nd.

Now, on this court document form, there are 8 check boxes and each has a statement as to why the tenant thinks they are being evicted or maybe being treated unfairly by their landlord. My tenant checked only one box that has this statement: I agree I owe my Landlord the amount listed in the Statement of Claim, but I do not agree to my landlord obtaining possession.

Now, can anyone here speculate on what is going to happen when my tenant and I are in court facing the judge? Is there anything that my tenant could tell the judge that would over-ride the fact that she did not pay June rent ?

--71.207.xxx.xx




my eviction court date (by ken [NY]) Posted on: Jun 23, 2024 1:25 PM
Message:

Judge should ask her to confirm she hasnt paid the rent then she will say but i shouldnt be evicted because blah blah blah, the judge will let her talk for a minute so she can feel like she was heard then he will grant your eviction.Regardless of what is said simply remind the judge you are there for a non payment eviction and she agreed she owed the rent --74.77.xx.xx




my eviction court date (by Roy [AL]) Posted on: Jun 23, 2024 1:47 PM
Message:

Thanks Ken,...that is what I needed to read.

Now, she is going to tell the judge what a great tenant has been over a 6 year period and that she has always paid her rent for every month, except for June. She may even have June rent stashed in her purse and ready to hand over to me and if I were to accept that,...would that cancel the entire eviction?

Two years ago at my last eviction, the judge dismissed my eviction case because I had accepted past-due rent the day before the trial and then I tried to evict the tenant the following day in court. That was the first eviction that has ever backfired on me. --71.207.xxx.xx




my eviction court date (by DJ [VA]) Posted on: Jun 23, 2024 2:15 PM
Message:

That's a strange thing to have as an option to choose.

Hopefully it will go as Ken said.

Really depends on your local judge, though.

Let us know how it goes. --71.82.xxx.x




my eviction court date (by ken [NY]) Posted on: Jun 23, 2024 2:23 PM
Message:

Roy,I like to speak to my tenant before we go in front of the judge, this way you will know if she has the rent to pay you or not and you can make a decision what you want to do.You took the rent last time so there was no reason to award you the eviction,this time if you want her out dont take the rent, personally if she had the rent and the fees you paid the court i would take it and let her stay unless she has become difficult.When i make a deal ahead of time i let the court know and that moves up in the order,when we stand in front of the judge i tell him we made a deal, i tell him the deal and he asks if the tenant agrees and they just stand there and say yes, this way the judge doesnt hear bad things about me over and over and i have a chance to control the outcome. usually when i do this and just evicted the tenant the tenant actually thanks me,it is just business and i dont have to embarass them and start a fight --74.77.xx.xx




my eviction court date (by RB [TN]) Posted on: Jun 23, 2024 2:28 PM
Message:

Not knowing Alabammer law or its Judges,

5.00 Bucks says,

if she pays anything, she will be granted more time. --69.130.xxx.xxx




my eviction court date (by Roy [AL]) Posted on: Jun 23, 2024 2:49 PM
Message:

Ken,

Just to play it safe in court, I will not accept any rent from this tenant because I do want her out. I am not 100% sure, but I do think this tenant has a developed a mindset that she 'owns the house and she should be entitled to live there" and only pay rent whenever it is convenient for her. I can not allow that for any tenant. --71.207.xxx.xx




my eviction court date (by Renne [TX]) Posted on: Jun 23, 2024 3:03 PM
Message:

Good for you issuing the notice in a timely manner and then following through.

**I agree I owe my Landlord the amount listed in the Statement of Claim, but I do not agree to my landlord obtaining possession.**

What an odd statement to allow a tenant to select.

When your court date comes, she will owe you an additional month’s rent plus late fees.

**Is there anything that my tenant could tell the judge that would over-ride the fact that she did not pay June rent?**

Perhaps. In Texas, there are very strict guidelines about what the notice says and how it is delivered. Even if the facts are my tenant did not pay June rent, if I misdelivered the notice or if the notice did not contain the required language, I am required to start the process from scratch.

We deliver regular U.S. mail (since we all know no one will pick up the certified mail), certified mail, e-mail to every adult on the lease, and text a heads up to the Resident who seems to be in charge. We also used to post on the door, but we quit that. In Texas, we are required to post on the INside of the door and we think that is a great way to get shot.

All the best!

--12.196.xxx.xxx




my eviction court date (by Roy [AL]) Posted on: Jun 23, 2024 4:02 PM
Message:

Renne,

Since becoming a LL in 2005, I have filed at least 20 evictions and I have won most of those cases by Default, which means the tenant was served by the sheriff and never requested a court date and then just skipped out in the middle of the night. Those are the easiest type of evictions to win.

Now, out of those 20 eviction filings, only about 7 have actually requested a court date. On the 7 times I have been to court, I won all of those cases except one.

--71.207.xxx.xx




my eviction court date (by Steve [MA]) Posted on: Jun 23, 2024 4:21 PM
Message:

Roy, I'm not sure what will happen if she shows up in court, I'm just amazed at how quickly you are able to get in front of a judge. Here if you were lucky & everything went perfectly it would a matter of months not just a few weeks. --96.233.xxx.xx




my eviction court date (by Robert J [CA]) Posted on: Jun 23, 2024 5:23 PM
Message:

In Los Angeles, anything a tenant says, is taken as the Gold Standard, handed down by God himself.

Anything a Landlord says is a lie, unless they can prove it with three witness, notarized documents and a cash bond to back it up.

In a case from 2 months ago, I had one judge from one case involving a tenant testify in a second case before the new judge. The new judge asked the first judge, "is this your personal opinion"? Her responded that in several of the tenants filings, for restraining order and an attempt to remove the landlords guns, the judge found contradicting statements by the tenant, and when the tenant was given a change to correct themself, they chose on the advise of their free legal aid attorney to keep quit. --45.76.xx.xxx




my eviction court date (by Roy [AL]) Posted on: Jun 23, 2024 8:22 PM
Message:

Steve (MA)

Allow me to put the quick time frame here in a better perspective.

Anytime the sheriff here serves an Unlawful Detainer on a tenant, that tenant has a full days 7 days to answer the complaint. If they wait the full 7 days (which is usually the way it happens) and file their answer, then a trial date is established usually within the following 10-14 days.

In this case here, the tenant wasted no time and filed her answer to my UD claim on the same day the sheriff served her, which is highly unusual. Apparently the judge saw her quick response and issued a court date on that same day too. Then the court clerk mails me the court form my tenant filled out and the court date the judge had assigned.

Based on my history of over 20 eviction filings (I am not proud this record, but it is what it is), an uncontested eviction normally takes 21-24 days from beginning to end.

When an eviction is contested which means a court date has been established, that usually adds an additional 10-14 days to the normal 24 days.

Also, all eviction court cases here are held in District Court and not the much slower paced Circuit or Smalls Claims courts. Those court dockets are back-logged and seem to only move at a snail's pace. Also in District court only, all landlord/tenant eviction cases are scheduled on Tuesdays at 1:30p.m. in Judge Clay's courtroom. All of the landlords sit on the right side of the courtroom pews and all of the deadbeat tenants sit on the left side of the aisle. I always look over and see if I can recognize any deadbeats that I have rented to before. All you can do is sit there until the judge calls your name and your tenant's name to "approach the bench". I will finish this story after my July 2nd court date. --71.207.xxx.xx




my eviction court date (by ken [NY]) Posted on: Jun 23, 2024 8:44 PM
Message:

All you can do is sit there until the judge calls your name.I disagree,if you speak to the tenant and make a (deal) you can probably tell the clerk and they will move you to the front of the line only behind hearings with an attorney involved.judges love it when i do this so they dont have to make a decision and have another tenant who wont vote for them next time around --74.77.xx.xx




my eviction court date (by Ray-N-Pa [PA]) Posted on: Jun 23, 2024 8:46 PM
Message:

Renee,

In Pa, that decision is called Pay and stay. You pay the amount and you can stay.

So if the landlord wants them out they need to come up with another reason for removal beyond non payment. I like using history. If there is a history of, trash can being left out beyond the 24 hour period, how does one correct history? You can't correct history, you can only acknowledge it and change the future.

If I have to file on someone, I believe their future will get changed in the very near future. But I also view any eviction filing as an error on me. Either my training, my over sight or my screening failed them - and me --24.101.xxx.xxx




my eviction court date (by S i d [MO]) Posted on: Jun 23, 2024 8:47 PM
Message:

My experience in the world of evictions is that the judge is fine with letting the tenant have their personal say, so they can feel like they quote had their day in court and quote. But at the end of the trial nothing changes. The landlord gets position, attendant gets booted out, and everything works out as if the tenant had never showed up in the first place.

The reason we have courts is because we don't go to war over stuff like this anymore. In the past people would pick up their sword or ax and start a rebellion. Nowadays, if a person gets to unload their angst in front of a judge, they at least feel heard and the violence is avoided. While it is inconvenient for us, it's probably overall the best solution.

Actually, the best solution is if they don't show up and you just get possession. But when they feel feisty, this is what you get. --184.4.xx.xx




my eviction court date (by S i d [MO]) Posted on: Jun 23, 2024 8:48 PM
Message:

Ps, sorry for all the spelling mistakes and grammatical errors. This format on the phone makes things extremely hard to edit, and right now I just don't have the patience to attempt to correct everything. You get the idea. --184.4.xx.xx




my eviction court date (by Roy [AL]) Posted on: Jun 23, 2024 9:51 PM
Message:

Ken,

I agree with you in trying to make a deal with your tenant (plea bargaining) prior to going into the courtroom. I have been tempted to do this, however, most of my tenants who I have filed eviction on are pissed off at me when they arrive at the courthouse. Trying to be reasonable with PO tenant could easily backfire on me.

Several years ago, I witnessed a PO tenant telling the judge (using crude 4 letter ghetto words) just what he thought of his landlord (not me, another LL). The judge gave the PO tenant a stern warning to quit using those foul words in his courtroom. Two minutes later, the tenant started using the same foul language again, and the judge just snapped his fingers and two of the sheriff deputies there came over and put handcuffs on the tenant and removed him from courtroom. The judge ruled in the LL's favor and that was that. --71.207.xxx.xx




my eviction court date (by MC [PA]) Posted on: Jun 24, 2024 6:00 AM
Message:

For me,if we are st the court point, we are done. I would have tried prior and the T basically is telling me at this point F you. The reason doesn't matter. --73.230.xxx.xx




my eviction court date (by tryan [MA]) Posted on: Jun 24, 2024 7:00 AM
Message:

Your wheels of justice turn quickly .... be thankful.

In my hood an eviction is a 3 month process (at a minimum). --198.168.xx.xxx




my eviction court date (by 6x6 [TN]) Posted on: Jun 24, 2024 8:15 AM
Message:

It would be interesting to hear an update when all is done.

Looking back, was there anything 8 years ago that you might now notice that would have led you to not rent to her? --76.129.xxx.xx




my eviction court date (by zero [IN]) Posted on: Jun 24, 2024 8:42 AM
Message:

Roy, best of luck to you although it doesn't seem that you will need it.

Tenant has admitted on paper to the judge that she owes you money. If she has an entitled attitude then she is gone.

When a tenant tells the judge they have the money in hand I have my lawyer ask to see it, including late fees, court costs and his fee as well.

So far they have never shown the money.

I agree with ken about working out a deal ahead of time. Difference is I have to use an attorney and I have him do it. He never accepts the money but if they agree to be out by XX date and sign off on it I am happy to save a little time. Some have left early, but none pay the back rents while they are leaving. --107.147.xx.xx




my eviction court date (by Roy [AL]) Posted on: Jun 24, 2024 9:32 AM
Message:

6x6,

Not 8 years ago but 6 years ago is when I first rented to her. Back then she had 4 teenage children living there and they all pitched in to help Mom pay the rent. For the first 4 years, everything was fine and rent was paid on the due date.

Two years ago, when all of her teenage children had moved out is when the late rent problems began. I put her on a pay-day plan that worked for awhile but that got to where it did not work. She would always call or text me on the first day of every month and say "I need you to work with me on rent this month". Most of the time I would agree to this but it got to a point to where I was worn down. When she called on June 4th, I told her I wanted full rent and the late fee paid by the 7th. She ignored that and so I posted a P/Q notice on her door the following Monday. She ignored that too. I am wondering now if she will even show up in court on July 2nd. --71.207.xxx.xx




my eviction court date (by Roy [AL]) Posted on: Jun 24, 2024 9:44 AM
Message:

hey Zero,

What does your lawyer charge you to evict a tenant?

There has been one time where I called my lawyer to help me with an eviction case. That was a situation where my dead beat tenant had contacted a free legal aid attorney to represent her in court. On court day, the legal aid attorney was there but her client (deadbeat tenant) did not show up for court as she was required to. Again, another case where I won the case by Default but I still had to pay my attorney $150 to show up in court and do nothing. --71.207.xxx.xx




my eviction court date (by ken [NY]) Posted on: Jun 24, 2024 10:01 AM
Message:

Roy,$150? dont complain it is so complicated here now most attorneys wont even do an eviction,the ones who will are getting close to $1000 but they do the paperwork and pay for the service and now extra court appearances.Legal aid attorneys are fun,when you are at court without an attorney and beat a legal aid attorney that is so much fun

--74.77.xx.xx




my eviction court date (by Roy [AL]) Posted on: Jun 24, 2024 10:11 AM
Message:

Ken,

Here all of the legal aid lawyers are young greenhorns and they are fresh out of law school. They accept these cases just to get some real world court room experience and they do get paid minimum wage by the court system.

Most experienced lawyers in my town consider eviction cases to be 'nickel and dime' stuff and will have their legal secretary handle all of the paperwork and sometimes appear in court for them. --71.207.xxx.xx




my eviction court date (by ken [NY]) Posted on: Jun 24, 2024 10:18 AM
Message:

Roy, your court will allow an attorneys secretary to appear in court? that would never even be attempted here.The fact is many of the secretaries are top notch and know more about the paperwork and specifics than the attorneys do --74.77.xx.xx




my eviction court date (by Roy [AL]) Posted on: Jun 24, 2024 12:28 PM
Message:

Ken,

I am in small town in AL and all of the judges, lawyers, legal secretaries, etc. etc. they are all know each other personally and they are all on a first name basis. Even in court, most lawyers here wear business casual clothes. If a lawyer shows up wearing a traditional dark coat and tie, it is assumed that lawyer is from a big city like B'ham 70 miles away. So, if a well known local lawyer's secretary shows up in court, is not a big deal unless someone just wants to make a big deal out of it.

As you probably know, 99% of all evictions are nothing more than pushing 3 sheets of papers through the legal system. And whether the lawyer or his secretary does it, again it is not a big deal here. --71.207.xxx.xx




my eviction court date (by zero [IN]) Posted on: Jun 25, 2024 9:00 AM
Message:

Roy, I think my last eviction was in 2023. Looking up the file for that year I see that I paid $368.74, of which $125 is court filing fee, $25 is Sherriff's fee, plus they have an electronic filing fee which is probably $3.74.

So that means I paid him $215 to handle the stuff and show up to court twice. He then charges the tenant I think it was $400 for his work, although that probably went up as the new judge is not as pro tenant as the last one.

I still have to show up twice as well. Once for the initial hearing and then for the damages hearing. Small claims is capped at 10k.

I end up getting the money back plus the courts allow 8% interest. The attorney owns the collections company as well and gets 1/3 of what they collect.

Happy to turn it over to them and not have to deal with it any longer. It is one of the few tasks I have relinquished. As far as I am concerned the money is gone. It is an expensive learning experience. One that I do not make nearly as often as I learn and pay better attention.

When I do get a deadbeat check in the mail I am happy that they are still reminded that they were wrong.

Just this week I got a check for a whopping $160. It was from one deadbeat only. She paid $60/week thru garnishment. $240 from her, of which $14.26 was interest. She was evicted Nov of 2021 and owed just under 9k. She is down to 2.2k owed as of the 18th of June.

The best part about evictions is that the clock starts when I file. So they have 30 days to be out from when I file, not just when they are served. Also the deputy will put the paperwork between the door and knob on the deadbeat's place and that counts as notice. They also mail a copy, which I think is an unnecessary redundancy.

--107.147.xx.xx



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