Re: Eviction (I'm BACK !!!!) - Landlord Forum thread

Re: Eviction (I'm BACK !!!!) by Marguerite (NJ) on March 21, 2012 @12:21

I guess what I am trying to say is why would you want to go in front of a Judge if you really didn't pay the rent? The other tenant told me he just had his car re-poed from the property...

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Re: Eviction (I'm BACK !!!!) by Anna Mouse on March 21, 2012 @12:34	[ Reply ]

You will not be getting any money from this person due to his own free will. You need to stop considering what he is thinking and proceed to eviction today. If I were you I would hire an attorney as your goal is to remove him from the property as soon as possible. Perhaps finding an attorney that works for a flat fee would be a good idea. Why have you allowed this person to stay for free all this time? Stop doing that.

Re: Eviction (I'm BACK !!!!) by Marguerite (NJ) on March 21, 2012 @13:42	[ Reply ]

He owes 2 months rent and late fees. Everytime I got on him for the rent he came back at me and said he was sueing me for harassment. My attorney told me it wasn't worth it to evict with the time left, just keep the security... I am into the attorney for 1200.00 already. I am so angry and upset with this guy. Then the other tenant called me to say he isn't paying his half on the utilities...

Re: Eviction (I'm BACK !!!!) by Anna Mouse on March 21, 2012 @14:37	[ Reply ]

You need another attorney. Open up your phone book and start calling attorneys. Ask them: 1) Do they specialize in evictions. Meaning is this how they make their money? 2) Do they work on a flat fee basis and how much. 3) Are they able to take your business and if so how soon will they start the process. (there answer should be tomorrow.) Call several until you find someone that answers yes, yes and yes. I think your current attorney gave you bad advice but that is just my opinion.

Re: Eviction (I'm BACK !!!!) by Jake on March 21, 2012 @12:35	[ Reply ]

The tenant is counting on getting another month or two in free rent before he takes off. Once the eviction is filed, continue with the action even though the tenant moves out. This gives you possession and wrecks the tenant's credit for life.

Re: Eviction (I'm BACK !!!!) by Marguerite (NJ) on March 21, 2012 @17:31	[ Reply ]

Will a Judge grant me Attorney fees. I hand wrote in the lease if tenancy ever should come to eviction the tenant would be responsible.

Re: Eviction (I'm BACK !!!!) by Jake on March 21, 2012 @18:10	[ Reply ]

If the tenant signed under you note it would seem you would be awarded the fees. Just bring receipts. It is highly unlikely your tenant will show for court and you will win by default.

Re: Eviction (I'm BACK !!!!) by Anonymous on March 21, 2012 @12:37	[ Reply ]

The easiest and probably most accurate reason is that your tenant is trying to buy time in the rental for free. He can stay there until the judge grants you possession and the sheriff comes to kick him out. That could be around a month to two months time depending on when the court date is scheduled and how soon the sheriff's schedule allows him to come out.

Re: Eviction (I'm BACK !!!!) by Marguerite (NJ) on March 21, 2012 @13:39	[ Reply ]

When I asked him where the rent was for March that he said he had mailed he said maybe your dead husband stole it (I'm a Widow) terrible isn't it...

Re: Eviction (I'm BACK !!!!) by Anonymous on March 21, 2012 @13:59	[ Reply ]

I wouldn't continue speaking to him or asking questions unless they were in writing or through your attorney. File the paperwork and proceed. At this point, don't feel bad or concern for this man. Whatever he has going on, he brought on himself and probably deserved it and must deal with himself. He is unhappy and mad that you are actually filing for eviction and want the rent so he will say anything that will hurt you. He is already hurting you financially not he is trying to get you emotionally because he thinks that it will devastate you enough that it will delay you in what you must do or get a reaction from you that he can use against you in court. You are stronger than that and will not fall for his tactics. It's unfortunate that the paperwork wasn't filed sooner but there is nothing to be done about that now and lessons have been learned for the future. You do not need to tell him that you have filed or plan to file. File today. Hopefully you are at the courthouse or at your lawyers right now.

Re: Eviction (I'm BACK !!!!)