Legal Question - Landlord Forum thread 354298

Legal Question by Henry G. (NJ) on September 19, 2017 @11:05

I'm having a problem with a tenant. The tenant has retained an attorney.

My question is: If the attorney is aware that her client does not intend to pay the rent, is that attorney permitted to lie to me and tell me her client intends to pay? Just as a way to buy her client time so he can move out?

Thanks all.

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Re: Legal Question by Anonymous on September 19, 2017 @11:17	[ Reply ]

Of course! But how do you know the tenant or the lawyer is lying about the rent? Where is your attorney?

Re: Legal Question by Anonymous on September 19, 2017 @11:26	[ Reply ]

proceed with the process. get in front of the judge. the T's lawyer may or may not "lie" to the judge. Generally, if there are no habitability or other issues the judge will require payment of rent on the spot / in the courtroom, as in arrears, to appearance date. Unfortunately there are way too many jokes about how you can tell if an attorney or a police officer is lying.

Re: Legal Question

Re: Legal Question by Anonymous on September 19, 2017 @11:29	[ Reply ]

Are you a mind reader? How do you know what the attorney knows? Can you prove to a judge that your tenant's attorney is lying to you? Unless you have mastered your state's LL/T laws inside and out, so that you can argue against that attorney in a professional manner, I would suggest you hire an attorney, also.

Re: Legal Question by Anonymous on September 19, 2017 @12:49	[ Reply ]

If the tenant has hired an attorney, what are you not telling us? What kind of problem with tenant that the tenant would hire an attorney?

Re: Legal Question by EM (TX) on September 20, 2017 @16:28	[ Reply ]

No, the attorney isn't allowed to lie (not that it couldn't happen). But it doesn't matter, because they tenant could just as easily be lying to HER LAWYER, saying she intends to pay when she doesn't. If the tenant has an attorney I'd say that is a pretty bad sign. You should seriously consider getting your own lawyer as well. Also, if you didn't already know, you are not supposed to communicate to the tenant without also including the lawyer.

Re: Legal Question by Anonymous (NJ) on September 22, 2017 @17:31	[ Reply ]

Regardless, what Tenant does, you need to start eviction process. Intention is not important. Important is...rent was actually paid or not.