First hearing for a challenged eviction, should I get lawyer?

Question

Hi, I am going through an eviction right now, they stopped payinf rent, I started the eviction process.
The Write of repossession was filed by the judge and THAT day the tenant filed a "motion to stay", for many ******** reasons such as a "toxic mold scare", "owner retalliation" etc.. I am not sure why the judge granted him a hearing, and not sure what to expect either. Should I get a lawyer for this? That will likely be another $1000 and im already in the hole with this property.
Separately, if the judge grants the tentant the abiltiy to stay, is it possible he would also make the tenant pay me in back rent?
Any experiences or advice will help, I want to make a decision today as far as getting a lawyer or not.

Robert Melcher · Answer

In Texas there are specific steps a tenant must take in order to initiate a rent strike, and specific time-tables for landlords to respond to things that might be grounds for one.

If you responded timely to repair requests and in the tenant did not meet the notification requirements for a rent strike, you can object to any obstruction of your right to evict for non-payment.

My first steps would be to gather records regarding communications for the issues they claim, and to read up on the rules regarding what they are trying to do.  Don't be afraid to speak up to the judge (politely) when you object to an un-truth or to point out when the tenant did not meet a requirement.

Aly W. · Answer

I'm sorry you're going through this. It's very unpleasant, but after the first time, it's not as frightening.

We have evicted one tenant in FL, and started an eviction on another. We did not use an attorney, but the first tenant was a market rate tenant who did not contest, nor respond to any of the legal notices. She was out in 30 days. That was an easy one. We've also evicted tenants in NJ.

The second tenant got legal aid. I agreed to settle the day before court, as the tenant had put all the disputed rent money into the court registry - a requirement if they plan/attempt to stay, at least it was 3 years ago. Has your tenant done that? Have you spoken to their legal aid attorney? Our (former) tenant's legal aid attorney spoke to me at length on the phone.

What I would definitely do is call the court clerk assigned to that judge and ask exactly what steps you should take to contest this. They will not give legal advice, nor suggest getting an attorney. However, depending on what they tell you, you may simply need to fill out additional forms on your own. An attorney may or may not be able to get the tenant out any sooner.

Go to your county's legal web site and read up on what a tenant has the right to do when being evicted; it's good insight into what a landlord can expect, and prepare for in court. Then read the landlord's FAQ.

Steven S. · Answer

@William Howley  I sent you a PM.

Thomas S. · Answer

Needing an attorney or not depends on how your state deals with landlord tenant issues. If landlords in your state generally use lawyers then you should to. If they do not then the system is probably fairly straight forward and can easily be managed by a individual landlord. It is generally not rocket science and most landlords are simply intimidated by the unknown process. Your state regulations should explain the process and should have a contact number to allow you to get further info.

Landlord tenant issues are generally straight forward in that landlords presents the facts and tenants bottom feeding legal aid lawyer tells the judge how horrible the living condition were.

Details, facts, figures. You must be organised and be able to state the facts without mistakes or hesitation. Generally you ask for all back rent and your expenses. Do not agree to allow the tenant to stay for any reason, the judge will ultimately decide. Before the hearing get into the unit and take good clear pictures of every square inch of the place for evidance.

Yvette M. · Answer

I don't know how soon court date is, but if this is your first eviction, I would suggest going to eviction court and check out the flow of things and maybe collect some attorney business cards.

I evicted three tenants last year for not paying rent.  In two of the cases the tenants used the same legal aid attorney.  They went to legal aid and apparently checked all the boxes on the form.  Never informed me they had mold issues, window issues, etc. It was all a stall tactic.  Cases never went before the judge and were settled in the hallway.  My attorney filed the judgements, but will I ever collect -- heck no.  They tenants got about another month to live free.

Yes, get an attorney.  Your paperwork and money damages need to be correct to the penny.

William Howley · Answer

so 1 for yes 1 for no. Any particular reasons for either case? what is the worst that could happen? and I mean that literally...  if the tenant is very savvy and knows how to sway the court could they stay there longer, or have the judge do something crazy like have me pay for them to stay in a hotel or something? Any reasons behind getting or not getting an attorney?

Wayne Brooks · Answer

Sounds like just a bs lame stall tactic.  Judges see this crap all the time.  Show up, have any documentation you need, be professional.

Matthew Kreitzer · Answer

Yes, you should get a lawyer for this. Check your lease agreement to see if you can recover attorneys fees. Schedule a consultation soon to determine what rights you have.

First hearing for a challenged eviction, should I get lawyer?

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