How to Get Ready For Eviction Court and Avoid Commiting Costly Errors

Once the court date is scheduled, make sure youarrive early. Get there on time, because the renter will arrive as well, and you guys will have some minutes to speak to each other and probably work things out.  

  If you can work things out on the first appearance, some sort of permanent agreement, you then would enter the court hearing room in front of the judge and you basically would tell the judge that you’ve worked out the problems. The judge will basically document the worked out agreement. Several courts allowyou to go to what’s referred to as arbitration, and you would then have a court appointed arbitrator – not a judge, decide your case. An arbitrator is somebody who will sit between the two of you and willessentially help you form an agreement.    

Then quite often, depending on the petition drafted by your long island evictions lawyer, they might not show up at all. Probably about 40 to 50% of tenants never show up to court. Why? I do not know, but occupants fail to appear often. In that case, more than likely, unless you really, really screwed up – which I’ve done – the judge will award you everything you’re searching for automatically.

    Now, if you go in there and your lease is not up to date or signed, or if you’ve done something procedurally incorrect, the judge will not grant you that possession and that judgment at that point, which means you probably screwed something up pretty good.  

  Be Forthright to the judge. That’s the way the typical case functions best. When you’re in front of a judge, I tell you and Iadvise this highly, be immensely forthright, but don’t answer any questions the judge doesn’t ask. One of the things I see a lot from young or new landlords is they’ll rapidly juststart rambling on, speaking about this and that and the judge hasn’t even really asked that much.  

They’ll say something, and then all of the sudden the judge will grab onto it, and they’ll say, “What did you just say?” Then boom, abruptly you said something you didn’t mean to to say and you’ll create some troubles for yourself. When you’re in court concerning the new york state eviction  process, be quite polite, very courteous, and answer only what the judge asks you.    

If he asks you your name, “My name is Mike Lautensack.” That’s it. Shut your mouth. Don’t say more. You don’t have to startrambling at that point. Respond the question, but that’s all you do. If you take that philosophy it will assist you tremendously in a court hearing.  

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