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Old 07-17-2011, 02:17 AM
 
Location: NW Montana
6,259 posts, read 8,585,134 times
Reputation: 3336

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Getting an attorney is a good idea.

Once you get to court then it is in your best interest to work out a type of deal before you go in front of the judge, the court will then enforce it. If the tenant defaults on the payment deal the FED goes forward. You then go back to the court and file a non compliance.
See this can get so very complicated.
You are suing her for unpaid rent.
This is the only issue.
You cannot toss in there lease violations for property damage ect.

An attorney will guide you, a wise investment. You can say the wrong thing and be left with a tenant who is not paying rent and is destroying your property. Good luck. Being a LL/owner is a tough job.
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Old 07-17-2011, 09:14 AM
 
Location: Southern California
3,116 posts, read 4,010,429 times
Reputation: 3503
Quote:
Originally Posted by Mt-7 View Post
Getting an attorney is a good idea.
It's an especially good ides when the landlord has no idea how things work...

liko760, I know you mean well, but everything you've posted has been twisted and slightly off, and it's clear you don't understand the process. For your father's sake, I hope you will accept that your knowledge of this is extremely limited, and encourage your father to hire a lawyer.
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Old 07-17-2011, 09:41 AM
 
Location: St Thomas, US Virgin Islands
22,189 posts, read 26,427,760 times
Reputation: 22765
Quote:
Originally Posted by liko760 View Post
I told him about an attorney, but since he got help at the court and did the work he wants to do it himself (but worse case scenario hes going to have to get an attorney if things turn out against him). Thanks for the advice I really appreciate it.
I absolutely disagree. Your father needs an attorney NOW. With all due respect, you speak better English than he does but it's still a case of the blind leading the blind as you don't understand the way the system works. In a few minutes your father could lose the case completely. He needs an attorney.
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Old 07-17-2011, 03:11 PM
 
13 posts, read 9,801 times
Reputation: 15
Quote:
Originally Posted by Mt-7 View Post
Getting an attorney is a good idea.

Once you get to court then it is in your best interest to work out a type of deal before you go in front of the judge, the court will then enforce it. If the tenant defaults on the payment deal the FED goes forward. You then go back to the court and file a non compliance.
See this can get so very complicated.
You are suing her for unpaid rent.
This is the only issue.
You cannot toss in there lease violations for property damage ect.

An attorney will guide you, a wise investment. You can say the wrong thing and be left with a tenant who is not paying rent and is destroying your property. Good luck. Being a LL/owner is a tough job.
What about if you work a deal up in front? This lady is out of her mind today in the morning she called (my dad wasnt there) saying she is moving out (talking like crazy and stuff) and later my dad comes comes I tell him we go and she said I didn't call earlier today, I did call previous days about paying the rent. My dad told her he started the court work and can't accept it. Well this is how bad the situation is so apparently she will move out on her own (there was an agreement verbally). Basically it was a verbal agreement where my dad where my dad said don't pay me the rent and move by the end of the month (verbally). However my dad isn't going to stop the court work until she is out fully hopefully she is out. Also I was there does that count? I am hopefully she agrees I don't know what else she wants she got to live there to pay almost two free months and for her to continue her ways is leading to the court date.

Quote:
Originally Posted by bouncethelight View Post
It's an especially good ides when the landlord has no idea how things work...

liko760, I know you mean well, but everything you've posted has been twisted and slightly off, and it's clear you don't understand the process. For your father's sake, I hope you will accept that your knowledge of this is extremely limited, and encourage your father to hire a lawyer.
Ya I won't lie I am new and learning the landlord ways little by little I know im off, but well I try to work out the best. I will push my dad to get a lawyer (hes old school though hard to get to his head) to do the talking for him, but hopefully she moves on her own the easy way.

Quote:
Originally Posted by STT Resident View Post
I absolutely disagree. Your father needs an attorney NOW. With all due respect, you speak better English than he does but it's still a case of the blind leading the blind as you don't understand the way the system works. In a few minutes your father could lose the case completely. He needs an attorney.
Its hard to talk to my dad since hes old school if it gets to the end (where we go to trial) I will push him to get a lawyer.

Last edited by liko760; 07-17-2011 at 03:42 PM..
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Old 07-18-2011, 12:31 AM
 
Location: NW Montana
6,259 posts, read 8,585,134 times
Reputation: 3336
Follow through and be there for the court date, You will be awarded possession of the property, the unit only (not anything she has left behind.) Her possessions if any are left must be stored and notice to her of the whereabouts and how to retrieve them.

If she really has moved then count yourselves lucky. Do not enter without notice until you are awarded possession.

Get a lawyer, you will learn alot and do it right the first time.
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Old 07-18-2011, 03:09 AM
 
13 posts, read 9,801 times
Reputation: 15
Quote:
Originally Posted by Mt-7 View Post
Follow through and be there for the court date, You will be awarded possession of the property, the unit only (not anything she has left behind.) Her possessions if any are left must be stored and notice to her of the whereabouts and how to retrieve them.

If she really has moved then count yourselves lucky. Do not enter without notice until you are awarded possession.

Get a lawyer, you will learn alot and do it right the first time.
Thanks hopefully it goes on the easy way (and she moves out as how she has stated yet I don't trust her since numerous things). Definitely haven't gone inside the property (I know we can get in big trouble). Also ya we don't want non of her belonging but ya hopefully she gets out and I will talk to my dad about a lawyer seriously he can educate and learn about the process and aware himself for future incidents.
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Old 07-18-2011, 04:23 AM
 
Location: NW Montana
6,259 posts, read 8,585,134 times
Reputation: 3336
Great, it is a learning process.
I have left FED court and been able to shake hands with the tenant.
You really are there to return the property to the owner of the unit. You can ask the judge for a judgement for the amount of rent due as well as cost and filing fees. The judge may award that to you then in a separate case you will go back to the clerk of the court and file a case in small claims for the amount, will be given a court date and then will be heard about that case.
Once you understand that then all the other is dealt with.

First you are asking the Judge to return the property to you the owner.
Second you are asking the Judge to award you the unpaid rent, fees and cost for this to have been filed.
If you are awarded these two things then you move on to small claims (dependent on your area and the amount owed)
Take care that you carefully inspect the property, take photos, video, make an inventory for property left behind. You are given legal documents that allow you to enter the property, still you have to make notice to enter on the property even if you think that they are gone. See so many rules and so easy to make a mistake!

In the future keep your tenant to the rules of the agreement, always expect and demand (with notice) the rental payment. Do not take partial rent and give all proper notices for lease violations. If you are using good agreement forms you should be covered for most problems. You always have some problems but with good screening and good attention to the needs of your tenants then you will be successful. Remember that the rental property is theirs until it is returned to you.

Keep learning. Good luck.

Last edited by Mt-7; 07-18-2011 at 04:32 AM..
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Old 07-18-2011, 01:22 PM
 
13 posts, read 9,801 times
Reputation: 15
Quote:
Originally Posted by Mt-7 View Post
Great, it is a learning process.
I have left FED court and been able to shake hands with the tenant.
You really are there to return the property to the owner of the unit. You can ask the judge for a judgement for the amount of rent due as well as cost and filing fees. The judge may award that to you then in a separate case you will go back to the clerk of the court and file a case in small claims for the amount, will be given a court date and then will be heard about that case.
Once you understand that then all the other is dealt with.

First you are asking the Judge to return the property to you the owner.
Second you are asking the Judge to award you the unpaid rent, fees and cost for this to have been filed.
If you are awarded these two things then you move on to small claims (dependent on your area and the amount owed)
Take care that you carefully inspect the property, take photos, video, make an inventory for property left behind. You are given legal documents that allow you to enter the property, still you have to make notice to enter on the property even if you think that they are gone. See so many rules and so easy to make a mistake!

In the future keep your tenant to the rules of the agreement, always expect and demand (with notice) the rental payment. Do not take partial rent and give all proper notices for lease violations. If you are using good agreement forms you should be covered for most problems. You always have some problems but with good screening and good attention to the needs of your tenants then you will be successful. Remember that the rental property is theirs until it is returned to you.

Keep learning. Good luck.
Thanks Mt-7 really appreciate all this good advice it really means a lot I wanted some type of help of what to do and how to do it I don't my dad to get in problems and than he being the one looking like the bad person. I have seen the judge (I worked a bit in the court for my internship seems to do this kinds of cases) guy is very nice and understandable hopefully things go the easy way my dad would even work a deal to have the property return intact and not pay rent, but to move out. All there is right now is to wait and see what happens. Once again thanks.
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Old 07-18-2011, 02:01 PM
 
Location: NW Montana
6,259 posts, read 8,585,134 times
Reputation: 3336
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Old 07-18-2011, 02:55 PM
 
2,060 posts, read 3,049,387 times
Reputation: 1587
Liko, judges have to follow the law. While they may want to do 'the right thing', they are bound to do whatever the law tells them to. Being 'right' doesn't always mean you will win. That's why you should always have an attorney when dealing with the law. Would your father try to take his own appendix out?
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