Tenant won't move out and requesting a Jury trial...

127 Replies

Originally posted by @George Despotopoulos :
Originally posted by @Brett Schulte:
Originally posted by @George Despotopoulos:

Depending on your lease, and specific state statutes, you may have a clause in there waiving a jury trial. That may help you.

That wouldn't hold up in court.  http://caselaw.findlaw.com/ca-court-of-appeal/1258748.html

 Does that decision apply to New York courts?

 I am unaware of any jurisdiction that allows a right to be waived in violation of public policy.  With that said, the mere appearance such a clause, unenforceable though it may be, would probably still have the desired effect.

Originally posted by @Brett Pedigo :

Just a thought... Do you have the utilities in your name? If not, can you switch into your name putting a lock on who has access and sit them off? Sorry to hear about your troubles.

 That's illegal in most states and gets the LL in more trouble!!!

This post has been removed.

you said - - I will loose the house if he doesn't pay, and I have to take on legal fees.

That's truly a shame, but frankly- - you can't depend upon 100% occupancy! I know an SFR is feast or famine, but you must have a plan on how to pay the mortgage, insurance & property taxes without a tenant.

Having a MFU myself, it's much easier for me to sit in the cheap seats and harp - - but the economics are just screaming here - - you didn't have a plan B for such an occurrence.

I guess there's several lessons: No Felons, no Lawyers and have reserves to cover vacancies.

Does the place have smoke detectors installed?  Who is responsible for making sure the batteries are good?  Might be a way to get in and check the detectors to make sure they are properly working, or have a judge order him to let you in to check the life safety devices within the building.

  And you forgot one thing .... he's an attorney. never trust an attorney, or car salesman, and some doctors

I have evicted at least 5 tenants in the past 3 years. Out that I fought 4 of them in court and settled and or won in which case the sheriff kicked them out. 

So what I would say to summaries is go head on head and legally fight till the last hour; Wish you all the luck. Do update when he is kicked out.

I sure am feeling bummed now. Have been reading for 30 minutes while looking forward to the conclusion. Nothing. Just nothing. 😞

Hey Chris: Since this thread has just had new comments posted, we're all wondering what has happened with your POS tenant. As it's now about a year later, we hope for good news from you...hope you have time to give us an update.  All the best!

No point in entering for showing you have no idea of when it will be available to rent.

Rarely do I recommend someone getting a attorney to file if it's a simple eviction action. but in your case I'd pay the fee's and step back keep record of any texts or notes he gave you and keep log of when you called or contacted him.

His threats are meant to do just that.. he's tossed the ball in your court so take him to court and no further contact with out your attorney advising you what to do. 

Don't disconnect and services, don't lock him out, and don't bother the dogs.. just have your attorney serve him and pray.

Lawyers and felons...people I don't want in my building.

Originally posted by @Brett Schulte :
Originally posted by @George Despotopoulos:
Originally posted by @Brett Schulte:
Originally posted by @George Despotopoulos:

Depending on your lease, and specific state statutes, you may have a clause in there waiving a jury trial. That may help you.

That wouldn't hold up in court.  http://caselaw.findlaw.com/ca-court-of-appeal/1258748.html

 Does that decision apply to New York courts?

 I am unaware of any jurisdiction that allows a right to be waived in violation of public policy.  With that said, the mere appearance such a clause, unenforceable though it may be, would probably still have the desired effect.

http://caselaw.findlaw.com/tx-supreme-court/1244212.html

Thank you everyone for the update, I was able to have the sheriff throw him out of the house after he caused extensive damaged to the property, fixed it back up, and re rented it out. 

I took him to court, he filed a $25,000 countersuit against me, which was insane to put it nicely. I won in court, but less than I should have because of his insane lies (all backed up with no proof) so it basically came to the judge trying to be fair and meet in the middle. After I was awarded a settlement, I tried to collect and the next day he filed and appeal.

There has been three continuances filed by him on the appeal already, and he missed the last court date, but having friends in the legal department must be nice so the new judge is reviewing all the original transcripts from the original case and will come back with a decision. I am not worried about losing the case since he has no leg to stand on, but once this is done my lawyer assured me that he will simply file another appeal since his law practice is not doing well (imagine that with the caliber of this person) and has all the free time in the world.

Basically, the house is safe and cash positive, for all of you saying you can't count on the house being occupied, of course and I had a reserve, but the six months of no rent and about $5,000 in repairs made it for a headache for sure. I will be in this battle for the foreseeable future, and I am not the biggest fan of the legal system anymore after I find out what anyone with a bit of money, or a law license can do to a regular citizen.

Thanks to everyone for their insight!

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Hey Chris:

Thanks for the update and I'm happy for you that it was mostly good news, main thing being that you got him OUT!. I don't blame you a bit for losing whatever faith you had in the judicial system; I myself have won suits twice against different ex-tenants and had them overturned by a bleeding heart appellate court judge. I sure don't understand how it is that he missed a court appearance and yet this thing is still dragging on; generally, here in California, if someone misses a court date, the judges automatically rule against them, but like you say, he has "friends". any sane person would think that having a case like yours on his record would be something this scumbag would want to avoid, but people like him literally don't care what anyone thinks about them even when it damages their livelihood. We just have to keep reminding ourselves that they are never winners and always losers, while we have our dignity and self-respect intact. All the best to you moving forward!

I ran across this and wondered if there has been a resolution? Edit: Sorry! Didn't realize I was posting to the beginning of the thread! 

I'll do some reading now. :)

Hmmm, try the Hells Angels eviction department.

Originally posted by @Laurence K. :

Hmmm, try the Hells Angels eviction department.

OOOOHHHH!  a few beers, a couple buddies, black ski masks and baseball bats!!! I like where your heads at...

an old ACDC songs comes to mind!!! "you got a lady and you want her gone, but you ain't got the guts..." (you know you are all singing it now!)

@Chris Reynolds

Cash for Keys and keep it moving

Glad you got him out.  Now you know not to rent to convicted felons or attorneys, both are nightmare tenants.   Add strippers and "self employed" with undocumented income to that list too.  

Personally I hate cash for keys, but when dealing with an attorney it may be been worth feeling out what he would have cost because this was going to drag out longer than any average tenant.   Normally I'm happier to give my money to my attorney rather than a scumbag tenant.  

@Patrick L.

As a lawyer myself, I refuse to represent attorney's as clients.  And I would never rent to one either.  We make terrible tenants/clients - which is why we're homeowners. ;)

I have had good experiences with mystery money/cash tenants, but I do extensive vetting.  And each area/tenant is different of course.

@Chris Reynolds

In Illinois, if a lawyer pulled that, it is technically reportable to the iARDC (That's who governs our law licenses).  It would fall under filing a vexatious/frivolous pleading, presuming that's what's going on. I don't advocate burning my own kind at the stake, but clowns like this move from victim to victim, and the report may protect the general public at large from future harm.

@Chris Reynolds

A wise person told me to never ever ever ever ever rent to someone who has a felony on their record.......no matter how long ago.....no matter what the circumstances.

There are also some people I have "heard" will never rent to or sell a property to an attorney simply because of the potential litigous nature of their profession to try and find something wrong when things don't go their way.   (I of course am NOT telling you to not rent to anyone at all based on their profession or past criminal history, I am simply telling you what I have "heard of" what others have done to prevent such potential foolishness)

Congrats on the lesson learned my friend

So if i understand​ correctly​ turning off utilities is a big no/no, but what happens if you actually can't afford to pay for the utlities?

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