What to expect in eviction court.

Question

I have a prop. with tenants that are 10 months past due on rents. approx 15K.

My Dad transferred title of property to me and my mother.

Dad managed property and collected rents.

Dad died and left the management of the property to a relative.

Relative was not communicating with the tenants.

Tenants had been paying electronically.

After my fathers death the rent payment was refused by the bank.

No effort was made by tenants to contact property manager.

Property manager  did not seem to make an effort to contact tenant.

I filed eviction against the tenant and have court next week.

I have the original lease, notice of eviction, spreadsheet of payments provided by property manager.

Would having my fathers death certificate be of any value?

Is a spreadsheet of the payments going to be adequate or would I need an actual copy of the bank statement?

Thanks in advance.

Joe Villeneuve · Answer

Find out what day your court does evictions, and attend.  Watch and learn.  Most important thing to learn is what NOT to say or do.

Bill B. · Answer

It would probably be cheaper to hire an eviction lawyer. One continuance because of a motion or lack or paperwork will cost you more than the lawyer. You might get lucky and the tenant doesn’t show. But if they do, wouldn’t you rather just be done?

Ps. I’d prefer you brought your bank statements but really it will be the tenant that needs to bring their bank statements showing they made the payments. Since obviously you could have just cashed his checks and not deposited them.

Nathan Gesner · Answer

You sound too inexperienced and there's a lot of money at stake. If you make a mistake, the tenant may get off and be allowed to continue renting.

I would stop the eviction and find an attorney. Or, if it's allowed, roll an attorney into the current hearing.

Douglas Snook · Answer

As for court, I can only speak as to Massachusetts. Because of COVID there is mandatory mediation. If this case was in MA you would most likely be able to work something out. For example, the tenants want to stay and you want them to stay, you tell them where to make payment going forward, they tell how they are going to pay the bank rent. Maybe they apply to one of the charities that is flush with cash from the government. In any event, its all written down and the agreement is entered with the court. If something can't be worked out, then it would go to trial (on another day) Again that's just one way it could go, but that's Mass.

You have a Property Manager. Why did they let it get 10 months behind? The property manager should have been all over this as soon as the first rent was refused by the bank. No tenant is going to reach out over a refused rent payment. They need to be fired and replaced, relative or not. They are not doing their job.

David B. · Answer

Cases are via zoom, so no sitting in.

1500 for attorney representation is that about right?

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Bjorn Ahlblad · Answer

I'd get a lawyer, it sounds like the eviction process was started before you became the legal owner and now must be re-stated by you as owner. If the tenant shows up in court with a lawyer and you don't have one you will lose. Get a lawyer and let them handle it.

Nick C. · Answer

What to expect is going to depend on where you are and the judge you get.

Maybe something to add to your list of documentation is the deed of the property being transferred to you? Do you have any any proof you followed the eviction process in your state? For us it's a picture of the 3 days to vacate notice we post on the house, and we also send by email and certified mail. But it may be different in Georgia.

What to expect in eviction court.

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