Going to Court...any experience?

[redhotoz]

I probably should have asked this question before I had to go to court this morning. What a frightening place!!!

The tenants in my investment property refused to leave the premises at the end of their lease, so I had to take them to court to get them out. Oh my!!!

I was shaking like a leaf, almost tongue-tied and besides that...mmm....well...maybe I shouldn't share this but I will...I faced the BACK of the court room (as did my ex-tenants), instead of the front! LOL Ok, ok...please laugh WITH me not AT me! It was scary stuff!

Anyone else been to court?

Luv Jen x

[Skywolf]

Sadly, yes, more time than I have ever cared to be in court. First time was being caught drinking underage at a party the the neighbors called the cops on (this was obviously a long time ago) it was thrown out. Next time was when my ex and I were being evicted. We owed the landloard $1200. We had $1000, In cash, to give them but they demanded the entire amount and would not work with us for the remaining $200, and we just didn't have it, so they sued us. 2 other times were over car issues, our car got stolen once, and another time our 2 cars got hit while in the parking lot of our building. One was totaled. My nighbor and my ex all had cutlases, and they liked to park them next to eachother, they were crunched in a hit and run. It was quite a scene (no one was hurt) everyone that drove by said the same thing, "thats F'ed up!" Including the cops when they showed up! Last time was when my wonderful ex, to be a jerk, called the cops on me. We had a little bit of weed in the house, and the cops found it. He was at work when he called them, so I took the fall for it. 2 year defered sentance, and spent a night in jail. That was fun.
The last one was the scary one, they could have put me in jail for 6 months (it was a first offence, my record was clean till that) the police and judge in the area I lived in at the time were not known for being very nice guys (the cop that busted me was my neighbor, lived 2 houses away!)
So those are my court experiences.

laura

[redhotoz]

Oh my!!! I feel a bit naive about this all then but it was really scary stuff for me!

Hey Laura, what was the last one for?

Jen

[Skywolf]

When the cops found the marajuana in the house. What a terrible criminal I am, sitting in my home not bothereing anyone. :roll:
It wasnt a huge amount, 13 grams, most of which was a giant stem, but they didn''t care, and I had been sort of a friend with the officer, chatting over a BBQ and stuff, our backyards didn't have fences so neighbors tended to roam around and gab with eachother.
And yea, I know its against the law but sheesh, they treated me like I just got done torturing kittens. It was horrible.

Laura

[Melissa W]

Hi Jen and Laura,

What an awful experience! I am so sorry, it sounds terrifying!

Jen,
How did it turn out today?

In NY renters have all the power so it's a bad idea to be a landlord here.

Did you ever see the movie Pacific Heights? It was horrifying but maybe you should wait until you get this issue resolved LOL.

Good luck Jen!

Best wishes,
Melissa

PS Laura, you wrote that they treated you like you were torturing kittens. Sadly, if you were torturing kittens they wouldn't do as much as if you had a little weed on you. That's the sad state of affairs regarding the law :(

[Twickle Purple]

What a nightmare! I hope you got it sorted. I have gone to court twice, in both cases as neither a plaintiff or defendant -- thankfully.

I found generally that all should go well if there is established law or precedence. In the situation of rental property shouldn't there exist clear laws governing the rights and obligations of both the landlord and the tenant? I have revenue townhouses in Alberta and as long as 3 months written notice is provided, and no lease is in effect, than the tenant must vacate. In this case then, after the 3 months has passed, the landlord can call a bailiff and have the locks changed with all property left within the unit defaulting to the landlords ownership.

In the event that a rented property is sold and a lease is in effect than the new owner (purchaser) is obligated to honour the terms of the lease (this should be part of the purchase contract), and as before, 3 months provided before the end of the lease instructing the tenant that the lease will not be renewed.

In BC where I live (and would NEVER have revenue property because the laws are less clear and more tenant biased) the owner can only take back domicile property from a tenant if they themselves are going to inhabit it.

Anyway, as the lease had ended I would assume they are in an illegal situation and that you won in court? AND I hope they have to pay the court costs! :evil:

[phlika29]

In my line of work we can end up in court either defending our actions (ie if a prohibition was served and the defendants believd it to be unlawful) or if we taking a prosecution.

Luckily I work in quite a quiet area and so this is a rare occurance. I would be very nervous if I found myself in court justifying my actions.

[claudia]

In my profession as a counselor I went to court advocating for abused children. It was and still is terrifying to think about. The poor kids would be shaking! But even as an adult it was too emotionally draining for me. I think it's because I felt so vulnerable eventhough I wasn't the one being prosecuted. After a day at court it took at least several days just to relax again!

Hope everything turned out ok with the renters, Jen!

C

[redhotoz]

Yes, it was an awful experience. I knew that I would win the case, as I was in the right. Unfortunately, the law here protects the tenant above the landlord. Well, the Residential Tenancies Act (which I have been studying over the past few weeks) contains rights for both tenants and landlords. However, there are many ways that a tenant can use the Act to their advantage. I would liked to have changed the locks, or physically moved their furniture out but I am not allowed to by law...even though the tenants stayed past the end of their Fixed Term Lease.

They slapped a solicitors letter on me and then gave me a hard time about taking them to court to get them out!!! Funny thing is, their solicitor directed me to the most appropriate section of the Act to use in court. In my opinion, it was all about buying time. Their solicitor would have told them that it would take time for me to take them to court and in the mean time, they could stay there!!!

I like the 3 month thing TP. I gave my tenants almost 4 months written notice that I would not be renewing their lease. That is ample time to find alternative accommodation. By law, with a Fixed Term Lease, I don't even have to give them notice.

I was going to sell the property but with the tenants and their 3 huge dogs, it was impossible. I offered the tenants the opportunity to purchase the house from me at a discounted price. I also offered to give them penalty-free early release from their lease. Oh, I also offered to store their furniture for free. What a b*tch I am!!! (sarcasm).

I can't wait to see the rear end of them (and they are large rear ends at that LOL). Sorry, had to add something mean in! They have to move out by 5pm this Saturday. I have new tenants moving in on Sunday morning. The furniture from my house is being up-lifted on Saturday and tenants are moving into my house on Sunday too. OMG!!! I also have to be at my new home for unloading of the furniture on Sunday. It's about a 5 1/2 hour drive away. Not sure what to do about that one yet! Might have to get Mum and Dad or one of my sisters to be there for me?

I'm glad I didn't sell the property now. Rentals are so hard to get at the moment and prospective tenants are bidding above the suggested weekly rent. So, the rent will cover the mortgage repayments as well as on-gong maintenance costs. Whoo hoo! Actually, next year I will sub-divide the property and sell off the land at the back. It's a 1/4 acre property. That will halve my mortgage and give me enough equity to buy another investment property. I'm kind of proud of myself, especially being a sole parent of two young boys.

So, I had better get back to packing, cleaning and gardening.

Jen

[Melissa W]

Congratulations Jen.

It sounds like a stressful situation but luckily, justice prevailed.
I hope you get to take time to celebrate!
We need to celebrate all the victories!!

All the best,
Melissa

PS Good luck with all the rest of the stuff going on!

[redhotoz]

Thanks Melissa

I was given a specially boxed (still sealed) bottle of 1985 Cuvee Dom Perignon for working half a day, when we sold our family travel agency years ago. It was part of the contract of sale that Mum help with the transition of clients to the new owner. I offered my help out of the goodness of my heart and was given the Dom Perignon. I figure it could fetch a very good price on the market, however, I think after all these years I may crack it open and celebrate in style when I get to my new home. Whoo hoo!

I do believe that good will always prevail. Sometimes it's a long and bumpy road to make it happen. In the end, we mostly remember the good times over the bad times.

Thanks for 'listening' to me vent! I love that Warren re-opened the Off-Topic area. It's nice to be able to chat about stuff other than the dreaded Rosaccea beast!

Luv Jen xxx

[Twickle Purple]

Some people are just scum, plain and simple! :? I'm glad you will see the end of them soon, and congrats on the rental situation -- a silver lining is always welcomed. :D

I hope you have a smooth move to your new digs! They sound terrific!!

Big hugs,
Corinna

[redhotoz]

Thanks TP. Maybe one day, you and your hubby will come and visit. I hope so!

Luv Jen xxx

[Twickle Purple]

I would so love that! You're new place is AMAZING. I hope you get more lovely choocks. Is there a not-so-hot season out there? I wilt in the least bit of heat. I've got to win that lotto (a universal day dream I suspect) and get you and the boys out here! We can sit in my deep cool porch and chuckle at the bad golfers (quietly of course :lol: )

A bottle of Dom is just the thing to toast the newest chapter in your adventure!! You go girl. 8)

Big hug,
Corinna

[redhotoz]

I've decided to take 4 of my 7 chooks and leave 3 for the tenants.

Autumn or Winter would probably be the best time for you to come out. That would be, any time from March through to August. I hope you do come out one day.

Luv Jen xxx