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In the Phoenix area, rapid evictions leave delinquent renters with almost no options

In the Phoenix area, rapid evictions leave delinquent renters with almost no options

  • Posted: Sep 15, 2018
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In the Phoenix area, rapid evictions leave delinquent renters with almost no options

Tenants can find information for Defending Evictions on NationalEvictions.com

So much was at stake, but there was nowhere to sit. The courtroom’s wooden pews couldn’t hold them all. So the people called into Country Meadows Justice Court sat in the jury box and pressed themselves against the white walls. A group waited in the hallway outside. They clutched bright green eviction papers and practiced what they would tell the judge.

They were going to lose. They just didn’t know it yet.

Behind the bench, Judge Louis Goodman scanned his daily docket. It listed 128 eviction hearings. Then he flicked on a digital clock and motioned to the lawyers’ table, where attorney Kevin Holliday sat behind a tall stack of folders.

“Are you ready to go, sir?” Goodman asked.

“I can certainly start,” Holliday said. He stood and carried his folders to the bench. Loose papers shifted inside. Holliday had loaded them in advance, filling in the details of judgments he would almost surely win: Hundreds of dollars owed, five days to move out.

Goodman took the first file and read the name aloud. He looked up. Holliday twisted around. A crammed courtroom stared back, but nobody moved. Six seconds passed. Silence. Goodman called the name again. He waited 3 more seconds.

“Defendant is not present. Judgment will be entered,” he said, reaching for Holliday’s pre-filled form. He scanned it. Signed it. Handed to the clerk.

The day’s first tenant had been evicted. The hearing lasted 10 seconds.

Goodman called a couple’s names. They weren’t there. Their case took 13 seconds. The next lasted 7 seconds. Six. Six again. Eight seconds. Each one would empty another home.

“All right, we’ve got more,” Goodman said 20 minutes later, after he had blitzed through 29 cases. All but one ended in eviction. “Wow. Busy day.”

The eviction cycle had reached its peak. It was the third Wednesday in June, one of the busiest times of the year in a Justice Court system that often works more like an eviction mill.

Last year, Maricopa County’s Justice Courts issued 42,460 eviction judgments, one for every 14 rental households in this massive county that’s sinking ever-deeper into an affordable-housing crisis.

Once a person is sucked into the system, there’s almost no way to escape. A lawyer can help, but only a minuscule minority of tenants have one. The rest are overpowered by expert attorneys and overwhelmed in courtrooms where more time is spent on a single traffic ticket than a dozen life-altering evictions.

“There is nothing that goes on in the eviction system that is of any help to tenants,” said Ellen Sue Katz, executive director of the William E. Morris Institute for Justice, which advocates on behalf of low-income Arizonans.

Most cases are decided instantly, because the tenants don’t show up to defend themselves. Those who do are led by lawyers into courtroom hallways, where they’re nudged toward signing a settlement and agreeing to move out.

The few people who actually stand before a Justice of the Peace get just a few seconds to unwind why they missed rent. They make often-futile efforts to shake off an eviction, to push their case to trial, to buy a couple more days at home.

“I was switching jobs, so I was just pulling money out of my 401(k),” a young man with gelled hair told Goodman. He was evicted.

“This is my first time ever being here,” a woman in yoga pants explained. She was evicted.

“There’s no way you can do a suspension for a few hours?” another woman asked.

There wasn’t. She was evicted.

Read more……

https://www.azcentral.com/story/news/local/arizona-investigations/2018/09/13/maricopa-county-justice-courts-rapid-evictions-leave-renters-few-options/865658002/

 

 

 

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PROFESSIONAL TENANTS AND HOW TO AVOID THEM

PROFESSIONAL TENANTS AND HOW TO AVOID THEM

  • Posted: May 06, 2018
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PROFESSIONAL TENANTS AND HOW TO AVOID THEM

 
Professional tenants are a landlord’s worst nightmare, the ones you read about in the newspaper. These individuals are notorious for cheating the system and using loopholes, leaving landlord’s with lost rental income, a damaged property, and a huge headache. They will complain about the smallest of messes and become the largest hassles.
 
In order to get away with such actions, professional tenants have created some pretty elaborate strategies. Here are the top 5 tactics from professional tenants. If you find your tenant is doing any of the below, then you may have a professional tenant.
 
#1: PAYING PARTIAL RENT
Often times, professional tenants will pay only a portion of the rent each month. When a landlord has accepted partial rent one month, then State laws will not allow an eviction for that month. This provides the tenant with more time in the property with overdue rent, and most often, they’ll continue to delay each month. Before the landlord realizes it, the tenant is close to lease expiration with an exorbitant number of past due payments. Don’t accept partial payments and require full amounts on exact dates to avoid these schemes. If a tenant is late, be prepared to start the eviction process right away. Also, never accept partial rent.
 
#2: PAYING RENT BEFORE THE LATE FEE
Professional tenants understand a landlord is more likely to take legal action for $1,000 of past due rent than for a $50 late fee. These tenants will pay rent before the late fee, claiming the late fee will be paid soon. Guess what? By accepting the rent before the late fee, the landlord is most likely never going to receive the late fee. The landlord becomes emotionally drained as a debt collector and just writes off the late fee.
 
The lease contract is written to align incentives between the tenant and landlord. A late fee is listed in the contract to set the precedent that rent should not be paid past a certain date. Tenants should not take advantage of the payment terms in the contract. By waiving this fee, a landlord signals that the legally binding contract is “flexible,” and it provides professional tenants with the signal that they may be able to bend other terms in the contract. Don’t become drained emotionally and only accept rent after outstanding late fees are paid.
 
#3: PAYING IN CASH
Cash is impossible to track, making it the preferred medium for professional tenant payments. These tenants will lie about making cash payments or even go as far as faking rent receipts. As a landlord, avoid taking cash payments that foster these types of actions. When a landlord is in the courtroom, they want to show a track record of traceable payments followed by no payments. Keep in mind that in some states, landlords are not allowed to refuse cash. If a tenant insist on paying cash, you must create and BOTH sign a receipt at the time the cash is accepted.
 
#4: ASKING FOR TIME
Some tenants will approach their landlord and plead for more time to pay rent. This tactic is usually accompanied by a heart-tugging story of the hardships they are currently battling that prevents them from paying. Unfortunately, it is difficult for a landlord to know the legitimacy of these stories and a tough decision must be made. Allowing for a longer payment period will only make things worse. While it might be emotionally difficult to draw a line, a landlord is not a bank that provides loans. When a tenant is late on rent, they should go to their friends, family, bank, or another source for a personal loan. The relationship between tenants and landlords should be strictly professional and real estate related. If a tenant still cannot pay the rent when it is past due, then the next step is an eviction notice. A landlord may want to consider suggesting to the tenant that if they are late on rent, then they will release the tenant from their lease so the tenant can find a more affordable unit. It may be easier for a landlord in the long run to let a tenant who can’t afford rent to leave then to constantly chase the tenant for rent.
 
#5: CLAIMING THE RENTAL IS UNINHABITABLE
Professional tenants may try to claim the rental is uninhabitable as a scheme to not pay rent. Typically, their process is submitting a maintenance request and claiming it was never addressed. They will withhold rent or break the lease and reference the clause on maintenance and habitability of the property. Every maintenance request should be tracked in a system, providing evidence that the request has been acknowledged and updates have been provided in a timely manner. This type of documentation will save a landlord in the courtroom. While landlords have no power over the judge, maintaining records and photos of your properties can protect yourself from these situations.
 
When a tenant makes a claim that the property is unfit to live in, landlords must refile with proof of a habitable environment. Tenants will then proceed to trash the property in an attempt to justify their claim. Keeping a running log of property conditions and pictures help prove your case, do not forget that tenant damage, beyond normal wear and tear, can be charged back to the tenant. If they are intentionally causing damage to create an “uninhabitable claim,” documentation will help to bring justice in the case.
 
Find out more on NationalEvictions.com
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