eviction representation in court

9 Replies

Good morning!  My husband and I are landlords who are trying to evict our tenant.  Do we both have to show up at the magistrate's office?  We have a court date and weren't sure if we both have to attend?  

This is our first time and there is no real answer to this question.  Thanks in advance.

A very significant detail you've left out is where your rental is located.  The processes (and risks of pro se representation) are very market specific.

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Both of you show up.  Since this is the first time you have done this it is good to have "backup" as first timers.  Even if only one of you signed the lease the other can be there to provide support. This doesn't mean both have to speak up unless the judge requests further information that you cannot provide but your husband can.   If this is an eviction due to failure to pay rent it is recommended that you bring a copy of the lease and any other documentation (i.e., Pay or Quit notices) that you have provided to your tenant prior to coming to this conclusion.  A judge might ask for these to review.

Just remember at the hearing to keep your mouth shut and answer only those questions you are asked by the judge.  There is often a tendency to argue with the other party and provide far too much information on past issues to the court.  Often tenants being evicted sink their own ship with how long winded they can be discussing how they "suffered" through this tenancy.  Judges who preside over these hearings are well experienced in this business and have likely heard every story in the book.

Thank you for your advice @Gail K. We ended up not "winning" the case because the tenant brought all of her back rent and caught up.  I think it is the best situation that we could have hoped for.  I just hope that she will be on time from now on.  I told my husband that we had a good trial run on how evictions work in NC.  

Do both of you have to?  No.  But be good for you to be there and support each other since this is your first.  Amazing how the mind can go blank so good to have backup : ) 

Actually see that you already went to court and got paid, nice, well done : )