Update...Evicting my lawyer tenant

[Greg (MI)]

Well, for those who know my situation with this lawyer tenant of mine, he has decided to file false accusations on me and file a $3,200 counter claim. He wants storage because I left a microwave, cart and paint cans in the basement and said he contacted me numerous times to remove said items. LIE! NEVER has he contacted me regarding this crap! Double security, etc...

We had a dispute over the door locks I thought he changed after our 5 day rent agreement/possession date we made on the street corner in front of cops. Comes to find out, he gave me the wrong key for the wrong door. I testified that he changed the locks because I thought he had. It was the key to the BACK DOOR. I was a bit embarrassed. I didn't try the key in the back door because they tried this one in the front and it fit. How I got the wrong key when they took it off their keychain is beyond me.

The judge gave me a month to take pictures of damages, etc. Next hearing: Sept. 17th. I am scared that the judge might frown at the fact that I accused the tenants of changing the locks. It was a simple mistake. I didn't try the key in the back door because the key in question only fit the deadbolt and there is no deadbolt in back.

Confused yet? I guess according to my attorney that we can make a deal outside of putting it in writing since we both testified about it in court. I did not know that. We agreed that I would get possession back on July 21st and that is when they gave me the key. THEY DID NOT GIVE ME KEYS BACK BUT A KEY. Only to the back door. I figured that when that key didn't fit, I had better file for LEGAL eviction. They owe rent from July 15th through August 15th.

Why did I file for eviction even after making this possession deal with them in front of the house? Because this lawyer tenant's last word's to me were "I am sorry this all happened, BUT when someone wants to start a pissing game with me....." I cut him off by stating that I just want to do this amicably. I have this on videotape ( I didn't know I was taping the conversation at the time.) I felt threatened by that statement. I know this is long, Please forgive me. ANY POINTERS OR SUGGESTIONS? THANKS! I will answer any questions you may have.

MY ATTORNEY THINKS I HAVE A GREAT CASE AND I DON'T NEED HIM. He stated that he might even hire me on as a legal consultant (jokingly of course). Not sure what that meant, but it would sure nice to get some pointers from you all. By the way, he is only $50.00 a hour, old, and wise and CHEAP!

[SPIVALAW]

this is just a tenant not paying his rent and you are evicting them.

all the rest is unecessary drama.

How do you accidentially video someone?

[Jim FL]

Well, for those who know my situation with this lawyer tenant of mine, he has decided to file false accusations on me and file a $3,200 counter claim. He wants storage because I left a microwave, cart and paint cans in the basement and said he contacted me numerous times to remove said items. LIE! NEVER has he contacted me regarding this crap! Double security, etc...

We had a dispute over the door locks I thought he changed after our 5 day rent agreement/possession date we made on the street corner in front of cops. Comes to find out, he gave me the wrong key for the wrong door. I testified that he changed the locks because I thought he had. It was the key to the BACK DOOR. I was a bit embarrassed. I didn't try the key in the back door because they tried this one in the front and it fit. How I got the wrong key when they took it off their keychain is beyond me.

The judge gave me a month to take pictures of damages, etc. Next hearing: Sept. 17th. I am scared that the judge might frown at the fact that I accused the tenants of changing the locks. It was a simple mistake. I didn't try the key in the back door because the key in question only fit the deadbolt and there is no deadbolt in back.

Confused yet? I guess according to my attorney that we can make a deal outside of putting it in writing since we both testified about it in court. I did not know that. We agreed that I would get possession back on July 21st and that is when they gave me the key. THEY DID NOT GIVE ME KEYS BACK BUT A KEY. Only to the back door. I figured that when that key didn't fit, I had better file for LEGAL eviction. They owe rent from July 15th through August 15th.

Why did I file for eviction even after making this possession deal with them in front of the house? Because this lawyer tenant's last word's to me were "I am sorry this all happened, BUT when someone wants to start a pissing game with me....." I cut him off by stating that I just want to do this amicably. I have this on videotape ( I didn't know I was taping the conversation at the time.) I felt threatened by that statement. I know this is long, Please forgive me. ANY POINTERS OR SUGGESTIONS? THANKS! I will answer any questions you may have.

MY ATTORNEY THINKS I HAVE A GREAT CASE AND I DON'T NEED HIM. He stated that he might even hire me on as a legal consultant (jokingly of course). Not sure what that meant, but it would sure nice to get some pointers from you all. By the way, he is only $50.00 a hour, old, and wise and CHEAP!

Greg,
I have one question:
Who is currently INSIDE of the unit?
Is it empty, no one lives there, or, does the 'lawyer tenant' still have belongings inside?

I'm just confused.........

As a long time landlord myself, something just doen't seem right here.

I await your reply:
Jim FL

[SPIVALAW]

So now do we have
Plumber tenants
doctor tenants
Republican Tenants
African American tenants

they are all just tenants.

Pay they stay, if not file eviction and move on.

[Dan Auito]

Lawyer Tenants are always frowned upon as they love to try out their new legal skills on prospective landlords. I always advise against renting to them for the specific reasons mentioned above.

[Debbie]

Lawyer Tenants are always frowned upon as they love to try out their new legal skills on prospective landlords. I always advise against renting to them for the specific reasons mentioned above.

You can say that again. However, we did rent out to a underpaid female attorney who attempted to change my rental agreement. I said no to all except one clause that I thought was a good thinking idea. So far, no problem. If there's a problem, all I have to do is give her 30 written notice for termination (I have m2m agreement).

Greg---just cease all communications with the tenant.

As for your mistake regarding the key, just be honest with the judge. Judge knows human beings make honest mistakes. But only tell the judge that IF the judge ask you about the keys. Don't volunteer informations, any informations unless the judge ask you specific questions.

[Jim FL]

So now do we have
Plumber tenants
doctor tenants
Republican Tenants
African American tenants

they are all just tenants.

Pay they stay, if not file eviction and move on.

Howard,
Could not have said it better myself.
Amen!

I agree 100%
And I DO rent to lawyers, if they qualify as tenants, just like anyone else.

Still waiting for Greg's response though, for some reason, the posts always seem to leave something missing for me.

Take care,
Jim FL

[SPIVALAW]

As a lawyer I would never rent from a landlord.
Landlords are a bunch of lawyer haters.

All Painters are drunks.
All plumbers over charge.
All fat people are jolly.
All Asians cant drive.
Blacks have rhythm.
White people cant jump.
All Irish people are alcoholics.
All Evangelist take advantage of people.
All Priest like little boys.
All republicans pick up men in the bathroom.

All demographics and generalizations are false, based on ignorance and generate evil.

Some lawyers make bad tenants and so do single moms, married moms, widows, poor people, rich people, ugly people, strippers (ok strippers are never bad) ....

[MikeM]

All fat people are jolly.
strippers (ok strippers are never bad) ....[/QUOTE]

I'm working on renting out my first house...does this mean my ideal first tenant would be a fat stripper?:icon_verw

I wonder if my wife will buy that I'm going to the strip club to "find a tenant"...I might like this landlording thing. :thumbsup:

[SPIVALAW]

MikeM That would be perfect as long as she isnt caught up in the great stripper myth, all strippers are working their way through colleged headed to medical or law school.

[MikeM]

lol good point I'll work that into my interview

[Greg (MI)]

Okay, we met at the house on July 20th. The cops were called because the place was empty and the door was left ajar. It swung open when I attempted to peek inside. The place was empty. The cops said I could go in and videotape my evidence as needed because the door was ajar.

I was going there in the first place to get my keys back from the tenants. They were late and told me earlier the place was in GREAT condition, his wife was a clean freak, blah.... He was late and I entered because the cops said I could. The tenant called when I was returning home to get my camera. He then said since I was in the house without his permission, he would file a police report for b & e. I told him what a pig sty he left....Carpets with cat urine and feces smeared into them, fleas BAD, 30 - 35 garbage bags left outside the house, trash in the yard.

We made an agreement with the cops as witnesses that the tenant would give me possession back on July 21st. The tenant went to find the key. She said it worked in the front deadbolt. I witnessed that it indeed work. I left them there to mow the grass and collect their filth. Went back in the morning and the key did not fit in the front door lock. I assumed they changed the locks and I then decided to file legally for eviction thinking that we can't just make a deal on a street corner without it being legal. I accused them in the court already for changing the locks when they indeed didn't.

I am more worried about the date for the end of tenancy because I was going by the 30 days from Aug. 15th through sept 15th. BUT if the judge lets this "agreement" we made on July 20th stand, then I am WAY past sending him an itemized damage list in thirty days which I sent out to him on Sept 5th. That is what the tenant is suing me for Double Damages for NOT doing the 30 day SD thing. I think I am prepared.

What about him not sending me a forwrding address within 4 days AT ALL since all of this has happened? He has always used a PO Box which he is STILL receiving mail to this day. Will that protect him because he never really "changed his mailing address" It remained the same as when he lived in my house.

I know I created a lot of drama in here but please understand that I want to be prepared next Monday. All the help I can get is appreciated. I may repeat questions, confuse people but please understand it is very hard to explain ALL the details in here. Thank you all!

[SPIVALAW]

wow
lots of details here.

Try and cut it down to the important matters, the courts hate domestic type disputes, their time is limited.

first imagine the worst, suppose you lose and tenant gets extra days and stiffs you. It wont be the end of the world. don't obsess, cut your losses,
make it a lesson and move on.

As far as court, document everything be ready to present it in a polite professional brief way to the court.

Dont be too aggressive or rude,

Dont keep saying he is a lawyer.
He will point that out to the court.
It may blow up in his face. A smart judge will suggest he is a tenant not a lawyer.

If you can catch him in a lie, very timidly say to judge, Your honor isn't an "officer of the court" supposed to deal fai and honest at least in the court room?

Tell the judge you are a lay person and you are intimidated by this lawyer who throws his weight around and makes legal threats to you.

Just tell judge very humble... I am a landlord trying to make a living and collect the rent and damages that I am due,

any judge can see this guy is an amateur and is in the wrong.

good luck.

[Greg (MI)]

It's all about principal now! I just want to be treated fairly since this judge and attorney know each other. I am suing him in his own home courthouse. That is what I am worried about! I want to win! That is why I want opinions on how to win. Thank you for the tips. So sorry to ramble on but I had to explain it somehow.

[JR_FL]

Principal? Man I can tell you a long drama story about principal. But I will spare the board and the bandwidth. It cost me a lot more than I had lost in the 1st place.

Here are some things I can get back:
Money
Possession
Justice (eviction)

Here are some things I cannot get back
TIME
Lost of sleep

Greg, please do yourself a favor and treat it as a business and leave principal out of the equation.