How do I prove residency?

[msommer]

What is the name of your state? Ohio

I have a bad tenant. The one bedroom apartment lease is in her name only but she has 3 other people living with her. I took a picture of the mailbox with all the names on it to take to court with me. Her lawyer has told me that that doesn't prove residency just that 4 people are getting mail at that address. Is this true or is he bluffing? What do I say in court when he says this?

Let me clarify a little:
I have a Section 8 lease with a person for a one bedroom apartment (she is the only one on the lease) and she has her two sons and her ex living with her. I know this because I have seen them there and the neighbors verify this. I want to keep the neighbors out of this. Eviction court date is tomorrow the 6th. She has a court appointed lawyer who will argue that a picture of all the names on the mailbox is not proof they all live there. What do I come back with when he says this?

My lease agreement says that the apartment is for 1 person with no children. There is a clause in my lease that no other person may stay over 3 days unless registered and okayed by me. I have talked to the Section 8 (CMHA) and they have told me that they won't get involved. First I have to get a sucessful eviction against her then they will take her off the Section 8 program for 1 year. What do I come back with when the lawyer says they are only receiving mail there? He says it is my word against hers.

 

[stevek3]

What is the name of your state? Ohio

I have a bad tenant. The one bedroom apartment lease is in her name only but she has 3 other people living with her. I took a picture of the mailbox with all the names on it to take to court with me. Her lawyer has told me that that doesn't prove residency just that 4 people are getting mail at that address. Is this true or is he bluffing? What do I say in court when he says this?

THREE different people using somebody else's residence as nothing more than a maildrop? You might want to memorize the golden words "preposterous argument" and "OUTRAGEOUS!" When he yanks his little nugget of bull out of his behind, repeat those words in court. This guy would argue that if the doormat says "The Smiths," all it proves is that it's a doormat that says "The Smiths" on it. But you see, the Smiths don't actually reside there. Never have. The people who live inside are merely using their doormat.

 

[PghREA]

Is there a clause in your lease that states that only the person who signed the lease can reside in the apartment? Does it address overnight visitors?

 

[south]

If you have problems convincing the judge that there are 4 people living in the unit designated only to one, call section 8 afterwards and tell them your section 8 tenant is subleasing to 3 other people they may send an inspector.

Does your lease not address subleasing visitors etc?

I cannot see you having that big a problem telling a judge you visually see that there are 4 people living in the unit, some come out in the morning in their pj's, tell the judge you specifically rented to one person on section 8, who is subletting to the other 3 against section 8 rules and the lease itself. You can win or lose but what is for sure is that section 8 will be interested and may threaten to stop her voucher.

What is the name of your state? Ohio

I have a bad tenant. The one bedroom apartment lease is in her name only but she has 3 other people living with her. I took a picture of the mailbox with all the names on it to take to court with me. Her lawyer has told me that that doesn't prove residency just that 4 people are getting mail at that address. Is this true or is he bluffing? What do I say in court when he says this?

Let me clarify a little:
I have a Section 8 lease with a person for a one bedroom apartment (she is the only one on the lease) and she has her two sons and her ex living with her. I know this because I have seen them there and the neighbors verify this. I want to keep the neighbors out of this. Eviction court date is tomorrow the 6th. She has a court appointed lawyer who will argue that a picture of all the names on the mailbox is not proof they all live there. What do I come back with when he says this?

 

[msommer]

Just got make from court. The court appointed lawyer made a motion for a jury? What does that mean?

 

[ENASNI]

um

Just got make from court. The court appointed lawyer made a motion for a jury? What does that mean?

see above in bold
What does THAT mean?
Don't you know what a motion is or a jury... That at LEAST you can learn from Law and Order.

 

[south]

What was some one killed?

Just got make from court. The court appointed lawyer made a motion for a jury? What does that mean?

 

[msommer]

You know, you are a real jerk. This is my first eviction and it is turning out to be a really bad experience. I wanted to know what to expect from someone who has gone through the same process. Apparantly you are an arm chair advisor. Someone who can give advice out but not someone who has actually done it.

 

[ENASNI]

Aww

Poor widdle Ohio LL... Lets hope this your LAST eviction.
http://tenant.net/Other_Areas/Ohio/tenant_l.html
I don't necessarily vouch by this site, but did not want to do too much work for someone who calls my friend (or was it me?) a jerk!

Your tenants have a right to a trial by jury rather than just have the Judge hear the case. Means you will have 12 men and woman looking at you to see if you are retaliating in anyway towards the tenant, rather than just one man or woman in a black robe with a gavel in their hand.
Get it? got it? Good!

Sheesh I would think I would be doing a Google search on Evictions, not insulting people on this board... There is a plethora of information out there!

Do you have all your ducks in a row, this tenant is FIGHTING your eviction. Did that get through to you?

 

[msommer]

hmmm, sounds like I hit a sore spot. Bottom feeders usually don't have feelings.

 

[ENASNI]

oh boy

Whatever... I can't believe I tried to help you. I hope the tenant wins.

 

[SkeeterBug]

you are good ensani

you crack me up with this one. It is a good one hehehe