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They have previous evictions for the past five years (one each year), a couple of evicitions with the same judge who will be at their hearing next week.
They said that some of the pool pipes burst on October 1, 2009 when rent was due (imagine that?). They did not call the lawyer. They did not call my mother. They "said" they spent $1,000 on pool repairs in a letter to the judge (whom they didn't even so much as find out which judge it was) and did not submit any repair receipts with the letter. Mom's pool guy keeps getting sent off the property as the tennants say they own it. (another imagine that). Rent is $1,400. So if they were really trying to be right, I feel they should have called & sent $400 at the very least.
Said the pool flooded the house (yeah, right) but apparently not enough to make any phone calls to anyone.
Mom's pool guy said the pool is fine, although turned off and no repairs are apparent.
Hearing is next week.
I went down to the courthouse & all the paperwork is online (lease, sublet, letter to the judge, etc.).
I wasn't sure if I should send a letter to the judge myself regarding how the past evictions obviously point out their character defect in regards to their lease with my mom....or just let the attorney handle it.
Sounds as though you have all your ducks in a row and getting these people out won't be a problem.
Do NOT communicate with the judge under any circumstances. They do not take kindly to ex-parte communications and cannot respond to them. Just have all your information to hand on the court date including info on the past evictions which your attorney can certainly bring up if he/she deems it relevant. Good luck!
Sounds as though you have all your ducks in a row and getting these people out won't be a problem.
Do NOT communicate with the judge under any circumstances. They do not take kindly to ex-parte communications and cannot respond to them. Just have all your information to hand on the court date including info on the past evictions which your attorney can certainly bring up if he/she deems it relevant. Good luck!
Why is it ok for the tenant to contact the judge, but not the landlord? I really don't understand this? It's seems as if tenants have the upper hand all the time. These people have numerous evictions. It's obvious they are "professinoals" at this game.
It's not okay for the tenants to contact the judge unless they are representing themselves. (Legal, but not real smart.) That they did so, if they have an attorney, will not reflect well on them unless the letter went through their attorney.
Let your attorney handle it. I do think it wouldn't be a bad idea to have the pool guy testify if your attorney thinks it would be appropriate and helpful.
It's not okay for the tenants to contact the judge unless they are representing themselves. (Legal, but not real smart.) That they did so, if they have an attorney, will not reflect well on them unless the letter went through their attorney.
Let your attorney handle it. I do think it wouldn't be a bad idea to have the pool guy testify if your attorney thinks it would be appropriate and helpful.
The letter was written by one of the brothers, to include both of them (brothers) as well as the subletter they have in the house (can you say mess?). No lawyer mentioned.
I'll let mom know that if the pool man could attend the hearing, that would be beneficial.
I don't know if I should go...I would have to take off work; although losing three hours of pay would surely make up for seeing all three of these tenants in a clown court situation.
Their letter to the judge will neither be acknowledged nor included in the court proceeding. They can present at the court hearing any documents relevant to their original answer to the summons and can offer testimony based on what they (stupidly) put into that letter but the letter itself will be ignored.
Their letter to the judge will neither be acknowledged nor included in the court proceeding. They can present at the court hearing any documents relevant to their original answer to the summons and can offer testimony based on what they (stupidly) put into that letter but the letter itself will be ignored.
Interesting. So basically it's going to be about the rent not being paid, not the bill they "claimed" to pay instead of rent.
Ask the attorney. He might want you to testify that you've been denied access to the property; he might not. He'll be the one to make that call.
Good idea. I'll call lawyer & see if he wants me there.
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