4 Things Lawyers Want Us to Know When Dealing with Evictions
/Through REIA of Oakland this week I had the privilege of facilitating a panel of eviction attorneys from the Law Offices of Aaron Cox, my eviction attorney. He's the lawyer you never want to be on the wrong side of. I was nervous just meeting him and I'm his client! I got to ask his eviction team questions about repairs, the power of text messages in court, what paperwork helps us the most and the difference between using small claims court versus having them take the tenant to circuit court for collections. It was interesting. I was happy to learn that circuit court is contract law, whereas district court seems too willy-nilly to me. There's a reason! Each district court has slightly different ways they rule on the exact same matters.
If you're in Detroit, you can connect with Aaron Cox Law here: https://www.aaroncoxlaw.com/. Their prices are good and their service is top-notch. Their website is interactive and efficient too.
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ChatGPT Summary of My Video
Here's a summarized version of the YouTube video transcript titled "The Truth About Evictions: 4 Things Lawyers Wish Landlords Knew" by Monique Burns:
1. **Importance of Repairs**: Landlords must maintain habitable conditions despite tenants owing money. Courts may require reasonable repairs even if tenants claim long occupancy of the property.
2. **Text Message Evidence**: Text messages are crucial in court, especially for Section 8 tenants withholding rent due to repairs. Landlords should document attempts to access properties for repairs via text or email.
3. **Necessary Paperwork**: Landlords should retain documents like Section 8 adjustment notifications, abatement notices, and tenant intent to vacate forms. These documents are vital for legal disputes and clarifying payment responsibilities.
4. **Court Options**: Landlord-tenant disputes start in District Court, while small claims court handles smaller monetary claims. For larger amounts, Circuit Court is necessary, where leases and documented communications are pivotal.
5. **Small Claims Challenges**: Although cost-effective, small claims court judgments are challenging to enforce without legal representation. Attorneys are crucial for navigating Circuit Court, which focuses heavily on contractual details.
6. **Contract Law in Circuit Court**: Circuit Court proceedings prioritize lease terms, abatement notices, and other contractual details. Judgments obtained here facilitate enforcement through methods like wage garnishment.
7. **Enforcement Challenges**: Despite winning in court, landlords face challenges collecting from tenants reliant on government assistance. Attorneys specialize in post-judgment enforcement strategies.
8. **Screening Tenants**: Thorough upfront tenant screening mitigates risks, but even diligent screening may not prevent problematic tenants.
9. **Legal Insights**: Insights from legal experts underscore the importance of preparedness with documentation and legal representation in landlord-tenant disputes.
10. **Closing Thoughts**: The speaker highlights the complexity of legal processes and expresses satisfaction with her legal team's support in managing landlord-tenant issues effectively.