Updated almost 17 years ago on . Most recent reply
Evicting a tenant. Need Help.
I have a tenant that is 3 weeks late on rent, I let it go that long because I was away from town. I've talked to her on the phone before and she said she didn't pay yet because she had no hot water in the house (later I found out this was because she didn't pay her gas bill). I go to her on the 3rd week with a Notice to Leave Premises, and she tells me she didn't pay because there are a few mold spores in a closest. She didn't tell me before because she phone ran out of minutes. Can I win this eviction case in court, and what are my rights as far as collecting the rent she owes?
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Yes, you WILL win this eviction in court, provided you follow the proper procedure. Mold spores, hot water, etc are not relevant. If she didn't pay the rent, she'll be evicted. Almost all of these low-life, deadbeat, scumbag tenants that must be evicted will claim that there is undone maintenance or some other nonsense. After all, you can't expect a deadbeat to accept responsibility for their refusal to pay rent!
If you haven't evicted someone before, I STRONTLY suggest that you hire an experienced eviction attorney to help you with the first one. If you don't do ALL of the paperwork right, the eviction will not succeed!
What are YOUR rights as far as collecting the rent she owes you? That's funny!!!
You can file a second cause of action (suit for damages) with the eviction. You will win and be awarded damages. You'll never collect. You have the right to be frustrated!
Good Luck,
Mike