Justice Court Judge Douglas Smith spoke with property managers about changes in the eviction process and the inner workings of the court.
The judge stated that property managers are generally well prepared and know the law. This gives them a decided advantage over tenants in the court room. His most common reason for landlords losing in evictions is because the landlord is ill prepared. The judge wants the landlord to bring copies of the lease, all work completed on the property and monthly payment records of the tenant.
A common point of confusion for tenants is the partial payment of rent. Typically, a tenant pays partial rent and believes that this payment is intended for the most recent month's rent. When in fact, this partial payment may be applied to the last month's unpaid rent.
Smith says he commonly asks only 2 questions;
1. Do you owe the money?
2. When can you pay the rent due?
Often times the tenant counters with habitability questions, meaning that the tenant complains about repairs needed before paying rent. The judges generally rule that the tenant cannot withhold rent in lieu of repairs.
Douglas stated that a Summary Eviction is only valid for 14 days. Often a landlord will negotiate with the tenant for payment of rent and delays the eviction too long. The entire process must be done again if the time lapses.
Motions to Stay are almost always granted by judges. The validity is then questioned at the hearing.
Late and legal fees can be included in the award if stated in the lease.
Lease Options are very risky terms to deal with in an eviction case. The Option takes the case into a battle of ownership title, now no longer an eviction issue. Options require the use of District Court and attorneys. Use Options carefully.
After an eviction, the landlord cannot hold the tenant's property as their own. The landlord must notify the tenant in writing at 14 days before disposing of the possessions.
Judges have a monthly meeting on the 3rd Thursday of each month and the public is invited to bring concerns to the meetings. They meet in Courtroom 1-B at 1 pm.
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