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Updated about 9 years ago on . Most recent reply

User Stats

243
Posts
62
Votes
Matt Harris
  • Property Manager
  • Rochester, NY
62
Votes |
243
Posts

Eviction process

Matt Harris
  • Property Manager
  • Rochester, NY
Posted

hey BP

Need some help or advice from someone that has gone through this. Just went to court for an eviction for non payment I learned the paperwork process myself and am representing myself this time. Previously had an attorney and cost hundreds with really no benefit other then the eviction never recieved any money or anything so figured I'd represent myself. Now here's the situation my tenant owes from October I know I let it go on too far went to court she was given legal aid and I had to represent myself or pay out of pocket for the same results I won a judgement and I was nice enough to issue a stay of eviction for 7 days well this my first time representing myself so the legal aid on her side knew the game. I recieved a judgement for 1400$ due march 31st and tenant leaves in 7 days or gets evicted with the verbal agreement she would sign a payment plan and leave the unit clean for giving her extra time as she had no where to go. I know too nice learning that cause now at time of court I never got her new address or current employer so without that I can't enforce the judgement and she also left the unit a complete mess. So really she won out and I lost even going to court and winning in the system. Really I just wanted her gone so I can re rent the unit without massive damages. My question next time if ever again should I bring a contract with a payment plan and just fill in the dates at the court so there's something legal maybe with a right to accelerate the judgement if payments are missed? And adding a clause subject too tenant providing new mailing address and employment location so incase they don't pay I have the judgement already but it's no good unless personally served so I would need accurate location of tenant which if they provide in court in front of judge should be accurate and upheld. Looking for an idea as far as a payment plan contract and adding my own clauses so at court I would have the agreement and useful judgement info in writing. As for this case we agreed on a verbal payment plan but so far she has refused to sign anything after leaving court so really my judgement in court is useless and she has also broken the other verbal agreements when we settle . So next time I want to be prepared with a blank contract that covers my ends so i can garnish wages from employment etc. and ask the judge to add it to the file once settled. Thanks any question please ask

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