What to Do in Preparation for an Evictions Proceeding

July 18th, 2010 Posted in Uncategorized

Be ready in Advance.

    Be prepared. This is the most important piece of advice. Check that you bring your lease. Make sure you’ve taken the specific sum that’s due, to the penny, not an approximate amount. Never tell a judge, “They owe approximately…” That will only upset the judge. When the judge requests you how much they  are obliged to pay, “It’s $2,000.12, and that is composed of a $75 late fee and $1948.33 of unpaid rent.” That’s the best way for you to respond that question. Do not say, “About $2,000.”

    The judge will say, “How did you get that amont?” socheck that you’ve got a very detailed accounting statement revealing exactly to the penny what’s owed,including any court fees. But he judge usually knows to add court costs. You don’t really have to tell him to do that.

    That’s standard process, but if there are repairs that you’re conscious of or fines or anything like that for putting out trash or not putting out trash, then you can add that at that point. Have a detailed accounting statement with right what’s owed broken down by late fees, by rent, and then bydifferent things. The judge may ask you for thatstatement.  

  It’s important that you’re prepared torespond all questions. “How much is owed?”"$2,012.”  “How much of that is rent and how much of that is late fees?” and you must be prepared toanswer that question precisely. Again, do your homework.Check that you have the Notice to Quit that you sent out and the late letter, andbe sure you’ve got copies of those with you in court.  

  Documentation:  

 

  Any communications with you and your suffolk landlord tenant lawyer, any letters that you’ve sent, make sure you bring copies ofall documents with you to court. If there are repairs that you neededto do, make sure you’ve brought your contractor’s invoices so you are able to prove that the cost of the repairs is recoupable. I think that’s it. Just go there.Be certain you’re prepared. Get there early.

    It’s quite possible the tenant willwish to sit down with you and work out sometype of settlement, which is fine, but justrealize that you should make sure you include the court cost and attorney’s fees into the stipulation. If you have a written agreement that you’ve drafted together, then go into the court together, and say, “Judge, we’ve come to an agreement. We have a settlement. The court will hear your case right away.”  

  You will then have to read your agreement to the judge. His clerk will document it, and that way the courthas a record of exactly what the agreement is. If the tenant does not adhere to the agreement, you may come back a couple weeks later and say, “He’s not sticking to the settlement agreement. I would like to continue with the eviction ny process.”

 

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