I will be in court tomorrow morning to try and recover posession of my rental property and a money judgement. In Brighton, this is cake. In Chelsea, watch out. In the past, I have evicted two tenants in Brighton, which was seamless: 7 day notice, file the papers, the tenant doesn't show up for the hearing, I win the possession and money judgement by default (don't even get me started about trying to collect a money judgement ((I have three judgements out there totaling about $7,000 which I will never collect))).
In Chelsea, I sent the 7 day notice then waited eight days and went to court to file the paperwork. The court aid informed me my 7 day notice was not sufficient because it didn't have the proper disclosures in it. But the same one worked in Brighton twice. So I had to do another 7 day notice and re-file. Strike one.
Strike two was on the court date. It was my turn to get in front of the judge and of course, the tenant did not show up. I would win by default. but wait.....the numbers on my 7 day notice did not match the numbers on my Summons. The pay or quit figures were higher than on the Summons. therefore, the case was dismissed. The logic is that the tenant receives a notice for, say, $3,000 and says " I can't pay." So when I come to court asking for less, I have made an administrative error and I'm done.
Strike three was when I refiled yet again - this time I made sure the figures matched. However, I went for the full amount on the remaining lease - time that the tenant should not have to pay for. Again, I was in front of the judge and the tenant didn't show, so I was sure to win by default. But I was greedy, asking for too much money.
Will I get a strike four? Tomorrow is my THIRD court date for the same case. Embarrassing. this time, the numbers match and I am only asking for the time they were in the house. I should win, but I am scared. I have fear this judge is going to fu^k me again for some sort of small administrative mistake. I covered all my bases - could I lose again over a technicality?
The worst part is that this is November 1. I haven't received any rent since June 30. July, August, Sept, Oct - four months of bullshit. The first court date was August 2! If everything would have gone right, they would have been forced to move out August 12!!!!!!!!!!!!!!! On top of that, each time I go to court I have to pay $110 for the court costs plus $40 to have the deadbeat served. Since this is my third filing, that is $450 plus the missed rent! FML
On a side note, I will be in Brighton on Nov 9 to kick another deadbeat out of that house. I'm guessing that one will be easy - that judge likes me. However, the process server can't find the tenant, so I can't collect the money judgement - just recover possession of the house.
Check back tomorrow to hear how court went in Chelsea!
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