Ask Me Help Desk - Courts Side?

Good Afternoon, I am looking more for someone to calm my nerves. I am very anxious. I have a court appt Wednesday to evict my tenants. They moved in July and signed a years lease, they never paid me the security deposit. Nor did they switch the utilities to their name, which I said was fine as long as they paid the bill in my name, which is now 2 months behind. As for rent, I gave them an extra 2 weeks to pay rent in November, and I tried to get them to sign an "Amendment to the Lease" stating that it was okay just this once to not pay until the 15th. They proceeded for the next two weeks to give me different excuses not to sign the paper, one was that the battery in their car died and they couldn't get back to me... seriously. So the 15th came and went and no rent! Supposively their cellphones were broken and they couldn't get a hold of me. So on the 17th I sent them a 3-day notice to leave the premises. And filed the eviction on the 21st. I attained a lawyer, they threatened me with one, but as far as I can tell they do not have one. They are the lying type and I am afraid that they will get symapathy from the court because they just had a baby in November and it is Winter time. I am also afraid that I acted to fast after the 15th, but technically since they did not sign the amendment, they were 17 days late instead of 2. Does it sound like iI have a solid case against them, do I stand a chance in court? They just seem so confident that they didn't do anything wrong, they tell me that rent was late because I wouldn't come get it... please tell me this is illogical?

P.S. Sorry for the rambling, I was stringing thoughts together!

Quote:

Originally Posted by Trueloveismydog

Good Afternoon, I am looking more for someone to calm my nerves. I am very anxious. I have a court appt Wednesday to evict my tenants. They moved in July and signed a years lease, they never paid me the security deposit. Nor did they switch the utilities to their name, which I said was fine as long as they paid the bill in my name, which is now 2 months behind. As for rent, I gave them an extra 2 weeks to pay rent in November, and I tried to get them to sign an "Amendment to the Lease" stating that it was okay just this once to not pay until the 15th. They proceeded for the next two weeks to give me different excuses not to sign the paper, one was that the battery in their car died and they couldn't get back to me...seriously. So the 15th came and went and no rent! Supposively their cellphones were broken and they couldnt get a hold of me. So on the 17th I sent them a 3-day notice to leave the premises. And filed the eviction on the 21st. I attained a lawyer, they threatened me with one, but as far as I can tell they do not have one. They are the lying type and I am afraid that they will get symapathy from the court because they just had a baby in November and it is Winter time. I am also afraid that I acted to fast after the 15th, but technically since they did not sign the amendment, they were 17 days late instead of 2. Does it sound like iI have a solid case against them, do I stand a chance in court? They just seem so confident that they didn't do anything wrong, they tell me that rent was late because I wouldn't come get it.... please tell me this is illogical??

P.S. Sorry for the rambling, I was stringing thoughts together!

Your Attorney is undoubtedly very familiar with the Law in your State and the climate of the Court when it comes to eviction. He/she has all the information and can give the best advice.

The Court will listen to both sides and make a decision. And, yes, in certain States you cannot evict during the Winter months.

It's going to come down to whether they paid or didn't pay, not why/when/how.

Sounds to me like these tenants are playing you. They know they will be evicted so they are milking it for free accommodations as long as they can get it.

I think a judge will take note of that. Why didn't you start eviction when they didn't pay the security? Or when they failed to pay the utilities?

The tenants have absolutely no reason to get an attorney for themselves, and no attorney in his/her right mind is going to even think of representing them with the truth. They owe rent which they haven't paid; they owe utilities which they haven't paid.

Odds are that they're not even going to show up for court and you'll be granted an eviction. Not sure on your state laws, but in mine they'll have about a week to surrender the property; if they don't, you can have the sheriff escort them from the property and remove their belongings.