QUESTION
As a landlord, do I have to go back to court if I am the one who filed original complaint?
Asked on Jun 23rd, 2011 on Landlord and Tenant Law - Missouri
More details to this question:
As successor and landlord over a trust, I took tenants to court for 2months non-rent payment and also I want to sell the house to close the estate. I did not know that I had to have a lawyer (because it is a trust) but the judge did let me make and agreement with the tenant that she would pay 2months rent and live there one extra month without pay (her deposit money would not be returned) and then move out. It has not even been a week and I just received another court date to appear. Is it possible to have it postponed until we find out if she comes through on her agreement or do we have to go to court on that date?
5 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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This is a complex matter and I can give you a detailed consultation on your query however I cannot get involved in giving you a legal opinion in this forum and for free. In fact, you really should retain counsel to represent you in this proceeding. If you are so inclined to retain professional legal representation give us a call.
Answered on Jun 27th, 2011 at 6:12 PM
Steven D. Dunnings
Most courts grant only one adjournment. It would be in your best interest to get a judgment with the terms of your agreement so you will not have to file another action to evict. If you get a judgment of possession with a date certain when the tenant is to vacate, then, you will only need to get an order of eviction if the tenant hasn't vacated on the date agreed upon.
Answered on Jun 27th, 2011 at 5:44 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Call the clerk and see if you can continue it past the date she should move out. If not, show up on the court date and ask the court to continue the hearing.
Answered on Jun 27th, 2011 at 5:17 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You can ask for an adjournment. But, if you case is on, then of course you have to be there. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
Answered on Jun 27th, 2011 at 4:45 PM
Many laws and legal processes vary from state to state, and most lawyers are only licensed to practice in one or a small number of states. So, everything that I say is strictly limited to the states where I have a license. From the facts stated in your question, a trust is the owner of the property that has been leased or rented out to a tenant or tenants.My understanding is that you may be the trustee. Unless you are licensed to practice law you can not represent the trust in court. It appears that the Judge told you this. So, obviously, the trust needs to hire an attorney to represent it in court, and that attorney can advise you as trustee of the trust as to the court process.
Answered on Jun 27th, 2011 at 4:29 PM