Eviction Hearing
I have a tenant who has not paid nov,dec, or jan. Filed for eviction in nov, but court wont do eviction in dec. Hired a lawyer due to a possible bogus personal injury claim by the tenant. Tenant has had surgeries, sent her atty to court for the hearing. Both laywers confer and make a deal that tenant agrees to be out by the end of jan, and no hearing neeed if not out ,call sheriff direct. to evict. My problem is the deal made between the lawyers. No indemnification. Extra time to cause more trouble, etc. Anyone have any experience with a tenant like this?
maybe Im in the wrong forum?
Pretty simple, if you are telling the truth, then fire your lawyer. I have never heard of a judge refusing to evict in December. Did your bank allow you to skip a mortgage payment because it was xmas? And BTW the agreement of the atty's about forcible entry if the tenant doesn't hold up their end of the bargain..... Ahh I am too tired tonight to play....
Good Luck,
Shawn(OH)
PS are you a motivated seller about now?
Whats BTW? Yes, I get motivated with tenants like this.
There's a whole lot more to this story, but its the truth. The judge told my property manager no eviction hearings in december. go figure.
BTW = By the way. I would find out how to report the judge, because that is ludicrous. In fact, I would probably call the city attorney to see if any charges could be brought and if I could sue the court for the Dec rent. Why... that would have my blood pressure boiling. John Merchant, are you out there? What do you think of this.
Hopefully, this is in the process of being resolved.
Good Luck,
Shawn(OH)
I didn't give this the thought that it deserved, my property manager told me everone was deferred into January. In
Chicago, evictions are deferred until after Christmas, I think it's several weeks before, so I just thought this is how they do things in Indiana. It's also small claims court, so that could make a difference. They call it "ejectment". Anyway, any experience in litigating with tenants like this, that know how to milk the system?
We would need to know the trust structure.
Are you the trustee?
And/or
Are you a beneficiary?
[addsig]