Do you think the judge will.....

[Chinmay J.]

reopen this case.  

Here is the background information. 

Jurisdiction:   This is in State of Virginia, and under the jurisdiction of Richmond General District Court. 

Background Information: A perfectly fine tenant, who seemed like a perfectly normal person decided to move into my Duplex. She was advised time and again, by both, my PM and myself, to come down here and look at the place beforehand. She declined the offer, and insisted that she wanted to do everything right away and based on pictures. 

From the moment she entered in the house, she did a complete 180. She started bi***g and complaining about how she has been cheated, and how we misrepresented her, and how she needs the paint redone, and re-order the appliances. How she wants me to put her up in hotel for 15 days, and pay for her food as well. This woman went nuts.  

When she did not pay the next month,  I filed for eviction. 

Eviction Process:  On the initial hearing date, you can ask for a trial. Most idiots don't know it. She is smarter (maybe a tad bit). She asked for trail. So the date was pushed back another 3 weeks.  

Trial Date:   Both, the judge and I, we are waiting for her to show up. Trial time is set at 9:15 A.M. She calls in around 9:15 and says she is going to be a bit late. The clerk informs the judge. The judge says, OK.. lets wait about 10-15 mins. We wait a good 20 min for her to show up. She never shows up and the judge grants a default judgement in my favor.

After the Trial:  As I am filing the Writ of Possession, at the clerk's office, she shows up. Starts arguing with the clerk. I ignore her and pay for the Writ and file it. I go home. 

Next Day:  I check on the website the next day, and looks like she has filed motion to reopen the case. Motion to Reopen Case I got mail yesterday from Clerk's Office  with copy of the paperwork she filed.  On the paperwork it states that,  I am a fraud (LOL) and she needs this case reopened because not opening this case will cause tremendous hardship on her and her son.   The defendant did not provide any extenuating reason for failing to appear at the scheduled time (in spite of being given additional 20 mins to appear)

I faxed the judge yesterday nicely worded letter stating that I live 125 miles from the courts, and that it would be very inconvenient for me to have this reopened. and that I object to her motion to reopen the case. 

Side note:  As a sidebar to this conversation, I do have a PM now, but I ended up changing PMs between the time she moved in and now. So the new PM is unable to handle this case officially, as it was started before he took over. Hence, I have to be there myself. 

So, ladies and gentlemen, guys and gals, what do you think? What are her chances of getting this reopened.  How often do judges honor these kind of motions? 

[Jay Hinrichs]

you obviously ran into a professional tenant.. who knows the landlord tenant laws.. you will prevail I suppose .

but depends on the court.. judge may grant it he or she may not.. If they do .. just show up and argue your case.

In Oregon I got tired of this and we have eviction services.. its all they do.. and instead of hiring a lawyer by the hour.. they charge a flat fee used to be 600 or 650 bucks.. you give them a copy of the lease and they get the people out.. 

I would think lesson learned here Is never lease to someone that has not done a walk through and signed off on condition.   Kind of like when I am selling my new built homes buyer comes in a few days before closing for a walk through.. and last  minute punch items..