How To Be Ready Before You Go To Court Within The Eviction Process
Prepare in Advance
Be ready. Make sure you’ve brought your lease. Check you’ve taken the sharp sum that’s due, to the penny, not about. Never tell a judge, “They owe about…” That’ll piss a judge off. When the judge inquires you how much they owe, “It’s $2,000.12, and that is composed of a $75 late fee and $1948.33 of unpaid rent.” That’s the variant for you to respond such question. Do not say, “About $2,000.”
The judge may say, “What does that mean?” so check you’ve got a very detailed accounting statement revealing right to the penny what’s owed, involving any court costs. The judge knows to annex court costs. You don’t really need to tell him to do that.
That’s usual procedure, but if there are repairs that you’re aware of or fines or anything like that for putting out trash or not putting out trash, then you may annex that at that point. Have a detailed accounting statement with exactly what’s owed broken down by late fees, by rent, and then by different things. The judge can ask you that facts.
It’s essential that you’reprepared to respond that question. “How much is owed?”"$2,012.” “How much of that is rent and how much of that is late fees?” and you have to be ready to respond that question. Again, do your homework. Check that the Notice to Quit that you sent out and the late letter, make sure you’ve got copies of those with you also.
Documents
Any communications with you and the tenant, any letters that you’ve sent, check you’ve got copies of that with you. If there are repairs that you needed to do, be sure you’ve taken your contractor’s invoices so you are able to prove that the cost of the repairs is legitimate. I think that’s it. Just go there. Make certain you’re prepared. Get there early.
It’s quite possible the tenant will wish to sit down with you and work out certain sort of scheme, which is fine, but just understand that you make sure you add the court cost in and things of that nature. If you have a plan that you’ve collected together, you go into the court together. You say, “Judge, we’ve come to terms. We’ve got a plan.”
You read that plan off to the judge. He writes it down, documents it, and that way the court sees exactly what the scheme is. If the tenant does not adhere to the plan, you can come back a couple weeks later and say, “He’s not adhered to the plan. I would like to continue with the eviction.”
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