What is the name of your state (only U.S. law)? New York
We have a tenant that has been making partial payments (workmans comp was paying). She was suppose to put in the remaining balance. One sob story after another she didn't. We went to housing court (with attorney) to get the back rent in February.
First she claimed that workmans comp paid us, and that she didn't owe us anything, then she said that she sent money orders that we did not apply etc.
We had several hearing dates already, one was specifically to request the records from the city and to resubmit all accounting. She was also told that if she had money orders that we were not claiming, that she needed to get them traced and a copy submitted. She never did that.
At the last court date 5/4/09, she signed the statement that she owed the back rent. It included the dollar amount. We had applied all but one money order to the total amount paid. We simply never received that money order - we went through all of our bank records.
After we left the court house that day, she went to the arbitrator and told her she never saw the final accounting figures (a lie) and that we never applied the last money order, again she had no proof that she ever gave it to us. The court gave her a date 5/11/09 to come back to address it. We were never notified, nor was our attorney. We were contacted us after the fact to say that the case was put on hold and we have to resubmit all paperwork again. Workmans comp stopped paying in March and she had not paid a penny since.
We were planning eviction proceedings to start the day after the settlement date. We now have another court date for 6/1/09, so that extended the time she has not paid. She is pregnant and trying to stretch it out so that she has the baby while living at that apartment - she told this to a neighbor. She is under the assumption we can not evict a pregnant women or one with a newborn.
Aside from this, when she received the first court notice, she started calling the city to make code violation complaints. Most were caused by her dog, which she is not allowed to have, and her boyfriend who moved in (and is not on the lease). She has also allowed her sons girlfriends to live there. They have trashed the place.
When we go there to fix the issues, she refuses access - even with 48 hour notice. Had to get a court order to finally allow access (they changed locks)which she did for a time, but now refuses and says that the contractor never shows up (not true). She also broke a window, called the city and said the landlord refused to fix and had them replace it at 300.00 charged to us. Allows kids to throw garbage out the window to try and make it to the garbage cans outside, and we have received fines from the city.
She is now allowing the water in the tub to overflow hoping that it will cause damage to the boiler, which on the floor below under her tub. Called the cops to report vandalism as it was occurring, but they would not come out, they said take her to court.
We have a small claims court date for 5/28 for damages but doing that without an attorney. Any advice on tips to make sure that we win that case?
Also, can we change the locks on the common area doors and give her a key when we "see" her?
We have a tenant that has been making partial payments (workmans comp was paying). She was suppose to put in the remaining balance. One sob story after another she didn't. We went to housing court (with attorney) to get the back rent in February.
First she claimed that workmans comp paid us, and that she didn't owe us anything, then she said that she sent money orders that we did not apply etc.
We had several hearing dates already, one was specifically to request the records from the city and to resubmit all accounting. She was also told that if she had money orders that we were not claiming, that she needed to get them traced and a copy submitted. She never did that.
At the last court date 5/4/09, she signed the statement that she owed the back rent. It included the dollar amount. We had applied all but one money order to the total amount paid. We simply never received that money order - we went through all of our bank records.
After we left the court house that day, she went to the arbitrator and told her she never saw the final accounting figures (a lie) and that we never applied the last money order, again she had no proof that she ever gave it to us. The court gave her a date 5/11/09 to come back to address it. We were never notified, nor was our attorney. We were contacted us after the fact to say that the case was put on hold and we have to resubmit all paperwork again. Workmans comp stopped paying in March and she had not paid a penny since.
We were planning eviction proceedings to start the day after the settlement date. We now have another court date for 6/1/09, so that extended the time she has not paid. She is pregnant and trying to stretch it out so that she has the baby while living at that apartment - she told this to a neighbor. She is under the assumption we can not evict a pregnant women or one with a newborn.
Aside from this, when she received the first court notice, she started calling the city to make code violation complaints. Most were caused by her dog, which she is not allowed to have, and her boyfriend who moved in (and is not on the lease). She has also allowed her sons girlfriends to live there. They have trashed the place.
When we go there to fix the issues, she refuses access - even with 48 hour notice. Had to get a court order to finally allow access (they changed locks)which she did for a time, but now refuses and says that the contractor never shows up (not true). She also broke a window, called the city and said the landlord refused to fix and had them replace it at 300.00 charged to us. Allows kids to throw garbage out the window to try and make it to the garbage cans outside, and we have received fines from the city.
She is now allowing the water in the tub to overflow hoping that it will cause damage to the boiler, which on the floor below under her tub. Called the cops to report vandalism as it was occurring, but they would not come out, they said take her to court.
We have a small claims court date for 5/28 for damages but doing that without an attorney. Any advice on tips to make sure that we win that case?
Also, can we change the locks on the common area doors and give her a key when we "see" her?
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