What is pre-trial settlement for eviction bad tenant?

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What is pre-trial settlement for eviction bad tenant?

Yuni Park
Livermore, CA · Member since 2019 · 32 posts · 2 votes

Hello

My property is located in livermore, CA.

I need to go to court alameda county, CA.

Bad tenant gave me bounced check security deposit and prorated rent on March. Until now she did not pay anything.

I hired the lawyer to file eviction.

Bad tenant filed answers by eviction defense lawyer; so my lawyer requested to trial.

Our Lawyer office sent email two different date.

One of them is pre-trial settlement conference and other master jury trial date.

Can you tell me what is pre-trial settlements and how to prepare?

Also, lawyer office sent email about tenant filed answers ; when i read her filed answers, all of them lies.

I never went to property since I rented out to her; her answer I went to property without 24 hours notice.

other stuffs, blah blah..all of them lies.

I was very shocked and don't understand why such eviction defense lawyer helped her to file fake answers. What kind of job they do?

Bad tenant like her, should not protect it by law; provided fake income, fake bank statements and fake credit score..

Bad tenant has money to drive BMW, fill out gas and buy grocery ; not pay for rent?

What's the point to have leasing agreement if someone does not pay rent and live for free?

Please, share your eviction pre-trial and jury trial experience.

Thank you.

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Marci Stein
Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
7y

You’re asked no for a lot of info here - May be best to ask your lawyer these questions, that’s why you’re paying him. 

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  • Marci Stein
    Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
    7y

    You’re asked no for a lot of info here - May be best to ask your lawyer these questions, that’s why you’re paying him. 

    1Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    7y

    Sorry, but it sounds like YOU didn't do YOUR job. YOU failed to verify her income, bank statements, and credit score. That is YOUR job. YOU failed to confirm good funds for the security deposit and first months rent before turning over the keys.

    It sounds like you are an inexperienced landlord and you now got yourself a professional tenant who is going to game the system. Expect her to be in there for 6+ months without paying a cent. 

    From this point forward, follow the exact advice of your attorney. Nothing more or less.

    1Reply
  • Yuni Park
    OP
    Livermore, CA · Member since 2019 · 32 posts · 2 votes
    7y

    @Marci Stein

    I will call lawyer office tomorrow to how to prepare before trial.

    Thank you.

    0Reply
  • Yuni Park
    OP
    Livermore, CA · Member since 2019 · 32 posts · 2 votes
    7y

    @Greg M.

    I will talk to lawyer how to handle this.

    Thank you.

    0Reply
  • Hubert Kim
    Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
    7y

    Yuni,

    I don't have any direct experience with pre-trial settlements, but have gone through the unlawful detainer process from start to completion a number of times. Did Alameda County Court mandate a pre-trial mediation in order to try to settle before your trial?

    Others have given you good advice on speaking in detail with your attorney - I hope s/he is prepared and experienced to deal with this properly. My suggestion is try to ensure your attorney is trying to minimize your losses in terms of both time to eventual removal of tenant (whether voluntarily or not) and attorney fees. You may or may not ever receive money that is owed to you by the tenant for past rent (hopefully, you will receive a judgement in which you can try to collect later), but the time the tenant continues to live in your property is rent lost going forward. In addition, the more time time the tenant stays, the more attorney fees will add up. In other words, try to expedite the process as much as possible.

    1Reply
  • Yuni Park
    OP
    Livermore, CA · Member since 2019 · 32 posts · 2 votes
    7y
    Originally posted by @Hubert Kim:

    Yuni,

    I don't have any direct experience with pre-trial settlements, but have gone through the unlawful detainer process from start to completion a number of times. Did Alameda County Court mandate a pre-trial mediation in order to try to settle before your trial?

    Others have given you good advice on speaking in detail with your attorney - I hope s/he is prepared and experienced to deal with this properly. My suggestion is try to ensure your attorney is trying to minimize your losses in terms of both time to eventual removal of tenant (whether voluntarily or not) and attorney fees. You may or may not ever receive money that is owed to you by the tenant for past rent (hopefully, you will receive a judgement in which you can try to collect later), but the time the tenant continues to live in your property is rent lost going forward. In addition, the more time time the tenant stays, the more attorney fees will add up. In other words, try to expedite the process as much as possible.

     Thank you for good advice, Hubert.

    In Alameda county, i guess before trial it is mandatory settlement conference first.

    I will call lawyer to find more detail information and what will be my best choice not to lose money so much.

    It is very stressful and time consuming process.

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