How to Increase Your Chances of Winning in Court Against a Tenant
Of course, when you present your case in court against a tenant, the judge will consider the facts when ruling. However, there are things which can help increase your chances of winning a case. With the proper documents and preparation, you will provide a strong base for your case. Here are other ways you can increase your chances of winning in court against a tenant:
• Be Prompt
If you are going to take your tenant to court, you might as well be quick about it. Here are some few reasons why we believe this:
1) It will show the urgency of the issue and that it is dear to you. On the other hand, if you sue a tenant after two years for unpaid rent, the judge may have questions over the credibility of your case.
2) Suing the tenant immediately they move out will save you a lot of trouble because it might be tough to locate the tenant later on. You will have no option but to send the court notice to the tenant’s last known address, but you have no assurance that they will get it. Sending the notice as soon as the issue arises will show that you need to get your money back.
3) The longer you take to go to court, the harder it gets to recall the facts. A conflict will be apparent to you as soon as it happens, but some details might escape you after maybe a year has passed. If you get your details wrong in court, it might shipwreck your case.
4) A statute of limitations exists which outlines the maximum length of time that one can take to present a matter in court. You should check the local laws to establish how long you should take to take a matter to court
• Bearing of the Landlord-Tenant Law
Having knowledge of landlord-tenant laws is your responsibility as a landlord. If you have been keen to observe the law all along, then you are more likely to win in court. However, if you have broken the law along the way, you could end up giving out more money than you were seeking. For example, the judge may award the tenant 2x the amount of their security deposit if you were not keen to follow the proper procedures. Also, knowing the law will inform you of the documentation you may require to support your case. It will also increase your credibility in court.
• Understand the procedures in a court
Failing to follow court procedures will cause your case to be tanked. When suing a tenant, you start by sending them a demand letter. The tenant will then be required to respond within a specified period before you can file a lawsuit. When filing suit, you’ll be required to submit the correct forms and supporting paperwork and then pay a court fee. Again, you may have a particular window after the incident before you can sue the tenant. Finally, you must determine whether you will represent yourself or if you will hire an attorney.
• Show up in court
This may seem like a no-brainer, but failing to show up during the date of the hearing may cause your case to be dismissed or a loss if countersuing. Ensure you have the court dates down to avoid missing. You should also confirm a few days in advance to see if the court may have rescheduled the case.
In conclusion, if you want to stand a chance in court, you need to be prepared beforehand with evidence and paperwork alongside the aforementioned measures. Also, if you are looking to have your property managed, look no further. At lapmg, we offer property management services and leave you to other pursuits. Check us out here.
