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Re: evicting by OK-LL on November 4, 2009 @10:59
"Is it possible the eviction will last through the end of their lease (feb 2010)? Is it worth continuing the eviction when they seem to be a step ahead of the eviction attny (by the way, they have now claimed to be poor and do not have to pay for their trial jury). Any ideas on how to proceed?"

Yes, there's every chance a jury trial can take a number of months to complete, particularly if either party wants discovery, etc. I assume, since you're going to jury trial, that you are no longer in small claims court. That means the truncated adjudication isn't available any more and you'll be going through a fullblown lawsuit. I hope I'm wrong, as this can take many many months.

Yes, it is worth continuing the eviction even though they seem to know the system so well. If you don't evict, what are your options -- surely you don't expect them to leave quietly at the end of their lease? No, if you don't complete your action now, they'll be living off your largess for years to come.

So just work with your attorney (is he doing this flat fee? -- I'm guessing not since it's gone way beyond a normal FED) and keep it moving along.

Good luck.

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Re: evicting by jen (IL) on November 4, 2009 @11:18 [ Reply ]
we had two court appearances since the case began. in neither appearance have we had a chance to present a case. in the first appearance they asked for a continuance to get an attorney and the judge granted that. The second appearance we were there with witnesses, ready for a judge trial and all they said was that they had obtained papers for a jury trial. they are professionals (they made our attorney, who is an eviction specialist look like an amatuer as he didn't see it coming). now i am looking at their rental application which says they have never been evicted before when in fact this is their 3ed eviction! how can the law be so one sided!?
    Re: evicting by OK-LL on November 4, 2009 @16:07 [ Reply ]
    Have you talked to your attorney about a charge of "fraud in the inducement" since they provided fradulent information in order to induce you to contract with them? The law is this one-sided because LLs used to take advantage of Ts, dating all the way back to our legal roots in England. Add to that the general liberal bent of the courts, and there you have it.
      Re: evicting by jen (IL) on November 4, 2009 @16:30 [ Reply ]
      I have not spoken to him about "fraud in the inducement" but I appreciate the heads up. I'll call him first thing in the am. Thank you.

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