Tenant Eviction

[Atul Mohlajee]

I filed 5 day notice followed by eviction as pro se (on my own) when the tenant did not pay February rent. At the fisrst court date on March 7, the tenant showed up with a lawyer. His lawyer asked the judge that he wants to file a motion to discover. The judge gave him utill March 25 for second court date. Rent is $2150/month and I want him gone soon. I hired a lawyer and am going to second court date on March 25 with my lawyer. The house was given to him in a great shape. His kids wrote over walls and carpetting is very dirty. Althought the house was painted and carpets professionally cleaned before he moved in. His maintenance requests were (2 while he lived there for 18 months) were addressed right away. His wife left nhim along with kids on July 2013and he had his brother and family move in with him on July 2013. His brother was not on lease and he did not tell me either but I found out from neighbors. The sheriff actually served summons to his brother. What is your experience with motion to discover that will be filed by his lawyer except it is a delaying tactic. His lawyer told me to make a deal as it would be a while before I get him to move out. I told him no deal unless it involves February/March rents. I told him that I am well capitalized and willing to fight. He paid fine in his first 12 months but has been late in paying since August 2013. He lost his 6 figures job and landed another one making half as much. He made promises after I gave him a 5 day notice that he will make good on it and that he has always paid his rent (as if he is paying me charity), but luckily I told him to Show me the money or Court. He could promise to be out in March end and then choose to stay and have me start the process late in the game. Anybody with similar experience especially with nmotion to discover filed by his lawyer.