Chris
I can truly feel your pain and you are doing everything within your scope as a landlord to keep things civil. Anyone who has been a landlord for any given time will have to deal with this type of a tenant. You are dealing with a professional deadbeat who knows the laws and will find every loophole to drag this out and then some. I have had personal experience with this and make it very quick to pay them some money and move out or serve them notice and proceed with the eviction process myself. If I know the tenant is able to drag out the process than I will hire an attorney to not only evict them but get a judgment as well and keep dragging them to court to pay.
Below is some information that wrote an article from an attorney that specializes in leasing matters. This may help in some insight from a legal perspective
Q--After one of my tenants failed to pay rent for several months, I filed an eviction suit. She immediately hired a lawyer and demanded that her case be heard by a jury.
In my mind there is nothing for a jury to decide. This is simply a matter of her not paying rent--there is nothing else involved. Now the case has been continued several times, and still no rent has been paid. The lawyer has sent merequiring me to provide information that is already in the hands of the tenant. Is the tenant entitled to a jury trial? In any case, what can I do to get this process moving? Time is going by, I need the rent to pay my bills and this tenant continues to live in the apartment free.
A--Odd as it may seem from your perspective, the law entitles every defendant in an eviction action to request a jury trial. While you believe the only issue is payment or nonpayment of rent, this may or may not be the case.
As you are probably aware, if there is a problem with the condition of the apartment, of if repairs were requested but were never made, a question may be raised as to whether the rent is due, or how much is due. These questions could be decided by a jury.
Legal questions are determined by a judge, such as evidentiary and procedural issues.
If there are no issues of fact to be decided, you can file a "motion for summary judgment," which states that there are no such questions to be decided. If so, the judge can make a decision accordingly.
However, to defeat this motion, it is only necessary for the tenant's attorney to raise one issue of fact, at which time the jury would become involved.
Often the demand for a jury is simply a stalling tactic. Once such a request is made, it usually takes longer to conclude the case.
Quite frequently, discovery is involved. This might involve answering questions, known as interrogatories, and producing documents.
In some cases, the parties might take depositions of parties and witnesses, to gather information to advance their arguments. You apparently have entered this phase of the case.
The key is that the defendant knows that you are not receiving rent. That may well mean the unpaid rent is funding the tenant's legal case.
A way of countering this situation is to file a motion with the court asking for "use and occupation."
Such a motion says that while the case is pending, the defendant has the benefit of living in the apartment, and should be paying the fair market value of the apartment while the case is pending.
By such an action, the defendant loses the economic value of stalling. She has to pay her attorney while also paying for the apartment. This might speed the resolution of the dispute.
The defendant also knows that it will cost you something to try this case in front of a jury. The cost of such a trial might well exceed the amount you could ultimately win.
Even if you get a monetary judgment for the amount owed, the cost of the trial could prove excessive, and there is a question whether you can collect the money from the tenant.
Most jury trials end in settlements, because of these uncertainties for both parties. This result is more desirable than letting the case go to trial, where one side may win, and one will clearly lose.
You should understand that now is the time to hire a lawyer. A lawyer can position you to best present your case and respond to the other side. Keep in mind that a jury trial is a fairly technical process, and you will be held to legal standards even if you don't have a lawyer.
This will involve preparing jury instructions and motions before and after the trial. So a lawyer may be a necessity. The old adage, "you can't beat a man at his ownbusiness," definitely applies.
Good Luck.