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The Eviction Shop » Blog Archive » Just The Facts (and Get Them Correct!)

Just The Facts (and Get Them Correct!)

Author: Todd Christiansen | Category: My Evictions

I was in eviction court today.  While I waited for my three evictions,  I watched a very painful exchange between the tenant, the landlord, and the eviction judge.

First,  the tenant has 2 small children with her that are making noise the entire time and very disruptive.  She did a good job of trying to keep them quiet and was actually holding the youngest one for a while.  Although it came out that she has never paid rent, I give her credit for having copies of all documents sent by the landlord to her.

It appears the property had gone into foreclosure and then was quickly purchased by an investor.  The tenant did not have a lease with the previous landlord and took possession shortly before the end of the redemption period.  The new investor buys it in a long complicated LLC name.  It was something like Newest Rage Construction Real Estate Division, LLC or something.  Once they own the property, they send a letter to the tenant on January 18 stating that she must sign a new lease to expire on January 1, 2011 (first mistake).  They send the letter from New Age Real Estate (2nd mistake-no such company).

The person that appeared in court for the landlord put himself on the eviction documents, despite not being the owner, but just an employee of the company (3rd mistake).  He did not bring any backup documentation with him about this eviction.  The tenant and this property manager person agreed that the tenant would make one payment of $1000 and then would sign a new lease for 6 months at $1000.  He kept trying to explain how they worked it out, but just kept confusing the judge and contradicting himself.

The judge got all wrapped up in the fact that there was not a lease and really it was just verbal since they did not really sign one.  The judge could not enforce requiring the tenant to sign the lease and suggested that the owner get an attorney.

In the end, everyone agreed it was a messy case and they should just figure it out, but not on the court’s time.  Since the agreement was signed by both parties, the judge simply let it slide, despite not really being binding.

If you are evicting a tenant, fill out the documents correctly or get some eviction advice from a competent attorney.

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