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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am in the process of evicting my tenant paying 2 months of

Customer Question

I am in the process of evicting my tenant for not paying 2 months of rent, who happens to be a disabled veteran with supposedly physical and mental disabilities.
Last week Thursday (Aug 27) we went to a district court for a court hearing, where the judge suggested mediation, but we could not come to an agreement, so the judge set a court date of Sep 3 for trial.
On this day of hearing (Aug 27), the judge asked us (myself and the defendant) whether we have witnesses, and whether we were represented by any attorneys. Both of us answered no.
At which time, the judge set the trial date of Sep 3, and told both of us that whatever exhibits and witnesses we plan to use for the trial, must be exchanged with each other by August 31.
On August 30, i used certified mail to deliver the exhibits as well as dropped off a duplicate copy to the defendant's front door. I also left a message with the defendant asking whether there are any exhibits for me to pick up from him. He did not reply to me message.
At today's trial date (Sep 3), the defendant showed up in court with an attorney.
I protested to the judge respectfully, ***** ***** was not aware the defendant had hired an attorney, and requested that the court grant me 3 days to hire an attorney to represent me because i am no match for a professional attorney, and also mentioned whether the defendant should have notified me by Aug 31 which was the deadline to exchange exhibits and witness lists.
The judge denied my request, and responded the deadline applies only to witnesses and exhibits.
The judge asked me whether I still want to proceed with the trial, and added that he can not give me any advice even though the defendant has an attorney and I did not.
I expressed my dismay again saying the playing field is no longer fair because one side has a professional expert that I was not made aware of when I came to trial thinking it was merely a case between myself and my tenant.
But I agreed to proceed with the trial thinking that it would be an easy case since it was the defendant who has the burden of proof to show he has paid rent.
Although we proceeded with the trial, and i won my case of eviction with the judge ordering the defendant to pay me 3 months of rent, i did not receive the full claim i had applied for such as tenant’s utility bill, grocery bill, eviction processing fee, process server fee, and a $250 fine from the AOAO for tenant’s repeated misconduct with loud noises and harassing the neighbors... which i feel i would have gotten had i used an attorney.
After the court ruling in my favor, the court clerk instructed me to get a writ of possession.
How much longer will it take before I can legally remove the tenant from my property?
I had explained to the judge that am having severe cashflow problems because the rent money does not cover the mortgage for the rental property and this is the 3rd month the tenant has not paid his rent. But that seems to be inconsequential.
Is there anything i can do at this point to get a re-trial?
Although the judge has awarded me 3 months of rent, it is doubtful the tenant will pay me right away because.
Can I file another lawsuit to claim the financial loss and expenses I had incurred due to the eviction process?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

How much longer will it take before I can legally remove the tenant from my property?

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If you have already had a hearing and gotten a judgment for eviction, the judge will issue a Writ of Possession and a Judgment for Possession.
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Once the Writ is issued, you would need to contact the sheriff to serve the Writ and Judgment on the tenant.
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After serving the paperwork on the tenant, the sheriff will typically give the tenant 24 hours to move voluntarily. After that time, the sheriff has the power to physically remove the tenant from the property. If the tenant is forcibly evicted and leaves personal property in the dwelling, the landlord can then remove the property from the unit and place it into storage.
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The tenant can then reclaim their property by paying the costs of moving and storage of the property. If the tenant doesn't reclaim their property within 15 days after notification by the landlord, the landlord can then sell or dispose of them and apply any proceeds toward any delinquent rent or fees that are due. At least 15 days after the notice is mailed, the landlord may (1) sell the property after advertising the sale for at least three consecutive days in a daily paper of general circulation in the area where the premises is located or (2) donate the property to a charitable organization.
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If there are items left without any value, as determined by the landlord's discretion he can dispose of that property without storing it.

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Can I file another lawsuit to claim the financial loss and expenses I had incurred due to the eviction process

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Yes, you can file a separate small claims court action to seek any damages that the judge didn't award you in the original case. They are normally only allowed to award actual delinquent rent and any other damages have to be addressed in a separate small claims action. But he should have awarded you your legal costs of the eviction, so you might want to check with the clerk on that because they are normally just added in to any award for delinquent rent.

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thanks

Barrister

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