Monday, June 1, 2020

Karen Gets Evicted, Lies About Eviction, Loses In Court


Oh boy, did Karen really set herself up for ultimate failure in this scenario. Sounds like she got evicted, tried to lie about the eviction, and then got easily defeated in court. Karen shouldn't have even tried. 

1.

Text - r/ProRevenge + Join u/thelovelylandlord · 292d 1 3 1 Your lease is still valid? Even though you were evicted? Ok. (Originally posted on MaliciousCompliance) I'll try to keep the details vague enough to keep me anonymous (hence the dummy account). This might be a little long- buckle in. I am the landlord of some apartments in the city. I sign the lease agreements, and go over the basics with tenants, although they don't usually want me to spend hours delving into the fine print. 99% of the

2.

Text - One lady, let's call her Karen, had been paying her rent via a new bank account and new checks for the last several months. All of the sudden, we got several chargeback fees on our account- she had put a stop payment on the checks, and closed the account. I immediately called her. Me: Hey, Karen, it looks like your checks bounced for the last few months. I just wanted to make sure everything is ok. Karen: Oh no! I promise l'll get this fixed. Me: Ok. You've been a good tenant in the past,

3.

Text - Karen: Oh god no, I'm an old woman, I can't afford to be evicted- I'm trying so hard to pay! Can you give me another shot? Me: As long as you pay before the court date, the eviction doesn't have to go through. The court date arrives, and guess who hasn't paid yet. At court, the judge rules for a 24 hour notice to vacate. Karen, in tears, comes up to me afterwards. Karen: Can you please give me another chance? | can't afford to go anywhere else. Me: I'm sorry, Karen, but the only way I cou

4.

Text - So I left, and I thought that was that. My maintenance guy would come in in a few days to do the inspection and clean up, and then we'd put it on the market. He shows up a few days later, and there's a problem... they're still there. So I call the sheriff, to schedule a set- out. A problem, though. According to the sheriff, the 24 hour notice was no longer valid, as we had struck up a deal afterwards, so the court had reversed the eviction decision. I had no recollection of having decided

5.

Text - I tried to give her the benefit of the doubt. I sent Karen a copy of a new lease agreement, asking for the debts, in addition to rent for a first month, and a new security deposit. Her lawyer then contacted me- yes, she had the money to hire a lawyer, somehow- informing me that, in fact, her old lease agreement was still valid, as my "deal" (you know, the one that would require a NEW lease agreement) invalidated the eviction decision. So I filed for eviction, on the grounds that she had n

6.

Text - We show up at court. Karen has her lawyer. Karen is bursting, grinning like a fool, like she's won the lottery. Her lawyer looks fairly happy as well. The judge asks me to speak. Me: I would like Karen to leave the apartments, but she is refusing, despite the fact that according to the court's last decision, she should have left over a month ago now. Judge: And, Miss Karen? Lawyer: Miss Karen cannot be ejected from her home without a new notice. Yes, she has not yet paid past due rent, ho

7.

Text - deal, giving her the time she needed to pay via verbal agreement. This deal, made directly after the last court date, invalidated the last decision, so Miss Karen will require a new decision, and therefore, a new notice, before she can rightfully be evicted from her home. Until then, her lease agreement is still valid. (insert legal crap) Judge: And Landlord? What do you have to say? Me: Well, your honor, I have to agree. They have made a very, very compelling argument. Karen and I did in

8.

Text - still valid, I guess. Well, according to the terms of the still valid lease, there are some additional things that the court needs to be aware of, that l'd like to go over for clarification. I'm sure you have a copy, your honor? Judge: Yes, I do. Me: And you have a copy, Lawyer? Lawyer: Yes, I do. Me: Excellent. Well, your honor, if you look at section 4, subsection A, on page 2, you will see that after 10 days of nonpayment, a late fee of $100 is applied. If you continue reading to subse

9.

Text - of $10 per day are applied, until full payment is rendered. If you continue to subsection C, you will see that failed payments necessitate a chargeback fee of $50 per failed payment. If you will continue, your honor, to page 4, section 7, subsection F, you'll see that if a tenant is in any way responsible for a loss of rent, including: leaving an apartment in less than move-in ready condition, failed payments, or, lastly, refusal to vacate in the case of an eviction, the tenant is respons

10.

Text - page 8, section 14, subsection A, you'll note that the tenant is responsible for any and all legal fees resultant from the eviction process, including attorney's fees, such as for the attorney I hired to help me review this lease agreement. Finally, on page 10, the last page, section 17, subsection B, you will see that the tenant is responsible for all HVAC services rendered on their unit. As we sent in a company to fix the unit in Karen's apartment at her request, we have the invoice her

11.

Text - At this point, the lawyer has gone completely pale- it's clear that he was more concerned that I would fight the whole "deal" thing, than the terms of the lease he thought he'd have to fight to keep valid. Karen looks utterly shell-shocked, her mouth slightly agape, like a child confused by a game of peek-a-boo. The judge, meanwhile, is completely unfazed, until I hand her the invoice, alongside my maths, a spreadsheet, and a piece of paper with the total debt owed circled and highlighted

12.

Text - charge yet another $50 fee for failed payment, should another personal check bounce. Judge: Lawyer, do you have anything to say? At this point, the lawyer looks like he's about to pass out. Karen seems to have stopped breathing. The judge remains silent for a moment, and then collects herself. Judge: I'm afraid you'll have to address that matter of debt in a different court than this one, Landlord. We are here only to judge whether Miss Karen is to be evicted from her home today.

13.

Text - Me: Oh, if she wants to stay, l'd be happy to let her. As long as she agrees to continue to abide by the terms of the lease agreement, specifically those clauses outlined above. And pays the debt owed today. Judge: I'm going to rule for a 24 hour notice to vacate, unless Miss Karen can produce payment at this moment. Karen sits, still, quiet, speechless even. Her lawyer is eyeing the window, I like to think contemplating his decisions in life that led him to this point. Maybe thinking abo

14.

Text - Judge: Right, a 24 hour notice to vacate. And, Landlord? Me: Yes? Judge: You'll want to file those charges in small claims court... or a higher court, if it exceeds the amount that you can legally pursue in small claims. Me: Already filed, your honor. The case has now been resolved... and needless to say, I got a fairly significant bonus, in addition to a slight raise. Edited to add a tl;dr: Tenant was evicted, but lied to get out of the eviction, claiming her old lease was still valid. I

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