tomorrow is our first ever eviction court date. any suggestions?

General Real Estate Investing
9yFollow

tomorrow is our first ever eviction court date. any suggestions?

DJ Cummins
Rental Property Investor · Bethalto, IL · Member since 2014 · 319 posts · 103 votes

Well, It has been a good 2+ year run, but we finally have had to go thru the eviction process.  Tomorrow is out 2nd and final court date.  We are nervous but confident that we will win.  The tenant owes us 3+ months rent, and has violated multiple items in our lease.  

I am hopeful that this part of the process is pretty straight forward, but we don't really know what to expect.  My wife has been preparing tons of paperwork documenting everything, and i have been really practicing my "A Few Good Men" trial prep.  This guy is going to admit to ordering the Code Red by the time the judge makes his ruling.

Anyone have any pointers?  thanks in advance!

DJ

0Reply
12 views

Most Popular Reply

Jeremy Pakalka
Houston, TX · Member since 2016 · 349 posts · 142 votes
9y

@DJ Cummins I like your line about A Few Good Men but that is not how court systems work at all. Do not try to be a hot shot lawyer when you are not one. They get paid the big bucks for a very good reason. 

When you get to court, be VERY respectful to everyone, including your tenant. Do NOT let emotions show at all! The judge is the only person whose opinion you care about. He knows you are not a lawyer and he knows the tenant is not one either. Wait your turn to talk because talking over anyone makes you look very bad and to be frank, an idiot. Watch a couple Judge Judy shows and do the opposite of the people on the show. Explain your stance with a cool and calm demeanor when it is your turn. Always call the judge "your Honor" and do everything he or she says without question. These judges probably never get the respect they deserve so be the one to show respect. Good luck! It sounds like you will not need it!

3Reply
See this reply in the discussion

13 Replies

Jump to latestLatest
  • Jeremy Pakalka
    Houston, TX · Member since 2016 · 349 posts · 142 votes
    9y

    @DJ Cummins I like your line about A Few Good Men but that is not how court systems work at all. Do not try to be a hot shot lawyer when you are not one. They get paid the big bucks for a very good reason. 

    When you get to court, be VERY respectful to everyone, including your tenant. Do NOT let emotions show at all! The judge is the only person whose opinion you care about. He knows you are not a lawyer and he knows the tenant is not one either. Wait your turn to talk because talking over anyone makes you look very bad and to be frank, an idiot. Watch a couple Judge Judy shows and do the opposite of the people on the show. Explain your stance with a cool and calm demeanor when it is your turn. Always call the judge "your Honor" and do everything he or she says without question. These judges probably never get the respect they deserve so be the one to show respect. Good luck! It sounds like you will not need it!

    3Reply
  • Account Closed
    Investor · Dayton, OH · Member since 2017 · 7 posts · 4 votes
    9y
    I went through my first eviction earlier this year. I'm right there with you, lol. I hired an attorney who was recommended by my real estate agent. He was great in walking me through the step by step. As far as the court date... believe it or not, it was in and out. Much faster than I ever expected. (Not to say that the whole thing wasn't still stressful though) Just keep your head up and stay the course. After you get the eviction, you typically then file a writ of restitution, for an officer to come remove the tenant, if they still won't leave. This takes roughly another 10 days (at least in my area).
    1Reply
  • Mark Holencik
    Investor · Coplay, PA · Member since 2015 · 404 posts · 315 votes
    9y

    When the proceedings start the magistrate asks the landlord if this can be worked out. I say no matter what, they have to leave.

    2Reply
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    @DJ Cummins , make sure you pack every single document that pertains to this tenant and the property. Lease, any images that portray poor care of the property, all communications between you and the tenant, printed out and arranged in chronological order, and marked with post-its so you can easily find them to share with the judge. 

    And thanks for the A Few Good Men quotes now running through my head.

    [email protected]Podcast Guest on Show #261
    BiggerPockets
    1Reply
  • DJ Cummins
    OP
    Rental Property Investor · Bethalto, IL · Member since 2014 · 319 posts · 103 votes
    9y

    thank you everyone, i appreciate the input. I think we are overly prepared, just nervous and anxious!

    0Reply
  • Michael J.
    Rental Property Investor · Louisville, KY · Member since 2008 · 342 posts · 123 votes
    9y
    Like already mentioned be nice, humble and respectful to everyone there no matter what. Dress like a pro. There is a chance the tenant won't show and it's a easy win. Try to think through the possible questions, replies and issues that might come up based on the case and work on a answer in advance. Tenants have no problem lying in court, if you show documents, pictures, printed texts etc that proves they are lying most judges will not appreciate them at all. Take plenty of documentation but make sure to take copies so you keep the original and can give the judge a copy to keep if they want it. If you have pics to backup your claims then print them out don't take them on a phone, if the judge wants to keep them as evidence you would have to give them the phone or device for who knows how long. My last eviction I prepared like crazy and the tenant didn't show and it was a no contest win including a judgement for basically whatever I wrote down. I would much rather spend time preparing and be confident than not be ready and hope the tenant doesn't show.
    0Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Know all the facts, names, dates, times, amounts by heart. You do not want to be fumbling through paper work and getting lost/making mistakes every time the judge asks a question. If you do not know the details it makes it look like you are lying or making it up as you go along.

    Speak only when the judge addresses you.

    0Reply
  • Chad Pierce
    Rental Property Investor · Powell, OH · Member since 2009 · 27 posts · 10 votes
    9y

    I use an attorney that only handles landlord issues. I've done 6 evictions in the past 10 years and none are fun. Having an attorney is well worth it to me as he makes sure everything is properly put together and he knows every judge. 

    Good luck and remember that you are not the bad guy here. 

    0Reply
  • Franklin Romine
    Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes
    9y
    Having your documents in order is key. Let the judge do the talking. It is funny to watch other eviction cases and seeing the owners getting all worked up. Cool heads prevails. My court experience in CA for evictions has always been good. Last year was a roller coaster had 4 evictions. I had to use a attorney which is required since I hold my properties in a entity. Franklin
    0Reply
  • Franklin Romine
    Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes
    9y

    @Account Closed  Owners can represent themselves at-least in the couple counties I operate in.  

    0Reply
  • Matt R.
    Sherman Oaks, CA · Member since 2013 · 3k+ posts · 2k+ votes
    9y

    Dress as nice as you can is my only advice. I once had a case where everything went my way because I think I was the only one wearing a suit. Good luck!

    0Reply
  • DJ Cummins
    OP
    Rental Property Investor · Bethalto, IL · Member since 2014 · 319 posts · 103 votes
    9y

    Thanks everyone!  We were able to reach an agreement and the judge signed off on it.  Tenant will be gone in 48 hours, and we arent fighting for any back rent.  We just want the guy gone.

    1Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free