Rental Property Investor · Cleveland, OH · Member since 2017 · 53 posts · 14 votes
Any experience with 'Bench Trials'? Her legal Aid lawyer who was notified 2 days before first hearing got a one week reprieve. He also notified me regarding his request for a 'bench trial'.
Tenant is M2M since June and has not paid rent and utilities since November.
"Bench trial" is just a fancy phrase for normal eviction proceedings. Normally, you and the tenant go in front of the judge. This is no different. You and the tenant will go in front of the judge. If you have ever had an eviction this will work just like that. No cause for worry or concern, all normal.
Honestly, all of this will come down to your local COVID rules. If you are seeking possession, meaning you want the tenant out, you don't want money just want the house then you are likely to win. You are on M2M so all good.
If you are seeking money judgement then it depends if you have a state fund that courts send tenants to. In MI we have that fund and if you are seeking money, it all gets routed through the fund and the judge will simply adjourn the case for X months allowing you and the tenant time to work through the fund.
In Cleveland it seems to be a 2 part process. One to gain possession, and the 2nd part a month later for damages, etc.
Since firing PM back in June 2020, the sewage bill has not been paid. I got a door hanger in December and paid bill. Seems bill has been going to PM and I had no idea. Thought it was part of water bill. Yea, yea..Live and learn.
The house is sold, this nonsense is a hail mary from a tenant who could have re-signed an extension back in November. Now her lawyer is claiming 'Retaliation'. Throwing it all at the wall to see what sticks I guess.