@@Iansco1 And I don't see anything wrong with that. Not all laws are just. But most lawyers are sleazy. I'd trust a hard-working family man to lay judgement over some weasel lawyer. no offense, lehto.
I had a landlady who took me to court even though I had all the signed receipts of payment. She had had my utilities turned off because I wouldn't go to her church. She was ordered to pay me 4 months of rent. I used my brain and used it to move. Crazy people exist.
My parents have a similar ongoing issue. They are renting a house from a church and the church has been trying to kick them out (no formal eviction yet) For not attending their services. They have rented the house for 19 years and never once went to that church.
Same, trailer park owner gives grace to ppl who attend her snake handeling tent revivals. If you dont she tries to have vehicles towed and charge to cut non existant grass. The worst part is there is nowhere left to move a trailer to and on a month to month if you challange the extra charges she can just jack up the rent. We are trapped.
Had a rental management company swear they didn't get informed about hazardous issues with a house I rented and they wouldn't lie or ignore them because they where "good Christian people" Needless to say I will never again do business with any person or company that even mentions in passing their religious leanings.
Well, if they put that little stick fish symbol (ichthus) somewhere on their business or stuff they think that means they can totally rip you off. But it’s okay, you can forgive them because they’re quality Xtian people. “Not perfect, just forgiven.” Was a good comedian bit about seeing that on a plumber’s truck so he knew they would totally rip him off but he could forgive them since it was a religious thing. But it never works both ways. Gotta keep the hypocrisy foundation of their Stone Age superstition alive.
In thirty seconds, one can't state the particulars of the case: name, address, name of landlord, how far behind in rent, when defendant was served, etc. Even a default ruling would take longer.
@@icecold9511 judges address many cases per day though. You still need at least that much to know what the situation you are expected to judge on is at that moment. Ruling on the wrong case is not acceptable ever.
@@profribasmat217 -- In my area, we are seeing another one: Landlord wants you out because they are selling the property to a developer. The problem is that these are landlords of mobile home parks and are doing this to people who own mobile homes, and there is no place to take these older mobile homes, so owners end up selling them for scrap value.
If the judge is found to have violated someone's civil rights, by administering 30 second trials, doesn't that open the judge up for personal liability? That means some judges could lose indemnification? That could be a nightmare for the legal system.
Years ago I was being evicted because I lost my job. I called the local magistrates office assigned to the case. I told them I was being evicted and asked what to expect. The lady who answered Identified herself and told me she could not answer any questions because it would be giving legal advice she is not allowed to do it. So the next day I called back and the same lady answered. I told her I was the landlord in the case. She told me everything I wanted to know and more. She told me that I the"landlord" would win the case! All before we even had a hearing. She said the hearing was just a formality! So the system is already rigged!
@@profribasmat217 You are a completely disgusting human being... There are millions of waitresses out there, some single moms who now also need to be zoom teachers by day, who through no fault of their own can no longer support themselves. I'm glad you don't worry about a roof over your head!
@@profribasmat217 Steve gave an example in this very video where the judge muted the guy to prevent him from making his case not for disobeying instructions.
@@profribasmat217 Any judge who is unwilling to take the time to hear the best defence that a client who cannot afford an attorney wants to mount, should not be a judge. Their job is to decide the case based on the best arguments from both sides, which may well involve sifting through chaff to find the wheat. Far too often the law disfavours the poor or inexperienced, and rental cases are almost always stacked against the renter
Never had a hearing by phone, but have had that exact thing happen numerous times when talking with customer support for various companies. It seems that it is far too easy to get disconnected and can take a long time to get back through. The worst was once I contacted support for my ISP because something was wrong. Waited on hold for two hours, they answered, we talked, they went to escalate me to a different department and the call got disconnected. Two hours of waiting later, I finally got the issue resolved.
I had an employee who wanted unemployment money when he quit. I got online fifteen minutes before the "trial" and the employee never showed up. The arbitrator said, "former employee denied," and that was that. That was a loooong time ago. If my employee had logged in, I know the back and forth would have taken more than an hour... Anything on Zoom is subject to data rate flaws. Not a good way to peruse justice. Hell, if you have to show up, and you don't, that'll guarantee a ruling against you...
I asked for a hearing over a parking ticket. I'm an old, tech challenged retiree, and the Zoom hearing was my first Zoom meeting ever. Though just a $20 ticket, I had crazy anxiety, spoke poorly, interrupted the judge... I can't imagine if it had been an eviction hearing. BTW: I'd previously sent in my evidence so the judge already knew I was right, and he still gave me at least a full minute.
I never used Zoom without a "helper". I have never copped a "I old. I retired. I dum. I old hippie who tie up court wit a twenny dolla ticket". If you're not part of the solution, you are part of the problem. Rent your home out to a 45 year old gypsy, and pay an attorney $ 1,200 to crowbar his butt out for $4,600 unpaid rent you will never, ever (as in NEVER) see. PS: never interrupt a judge. That stoopee.
I got evicted when I lived in Alexandria for paying on time. The apartment complex owners were evicting people to convert the property to HUD housing. Inadvertently; my attorney found out my apartment had been condemned by the city and the court required the property to refund all of my payments because they defaulted on their end from the beginning. That was a good lunch that day.
A few years ago I was being evicted in retaliation for reporting to the city building inspector that my back porch had fallen apart. Turned out that the out of state owner didn't even have his LLC registered to do business in Ohio (my place of residence). I received advice from the Legal Aid office, subpoenaed the city inspector to give his testimony, served as my own attorney and actually won my case. Since it was a duplex the common areas were the responsibility of the landlord according to the lease and the Ohio Revised Code and the Toledo Municipal Code.
I took my landlord to Court a few years ago. He kept all my $1,200 deposit money claiming repair he had to do on the house. In Court, I told the Judge all the repairs he did were “wear and tear” repairs. I’m not responsible for what wears out after 5 years. The landlord spoke for about 10 minutes to the Judge. The Judge never let me speak for more than two minutes before he made his decision. I lost.
@@DarthVader1977 Without knowing any of the facts, you decided to made yourself the internet lawyer and pass judgement. The only bullshit is coming from you. Good bye.
Traffic court where I live in Wisconsin the judge asks whether you have anything to say to defend your self while the gavel is on its way down . Bang , Guilty !
Even stupider, they don’t tell you that if you want a jury trial, you have to come to the court in person to request it WITHIN 10 DAYS of getting the ticket. I had dash cam footage and everything of me passing a guy going 40 in a 60, I only sped up to about 70 for a fraction of a second, because a hill was coming up. I wanted to pass quickly, safely, and efficiently. Cop crests the hill right when I do (and was only going about 63). Pulls me over, claims I was going 95! Also in WI, the judge can arbitrarily decide, well we (over)charged you with X but you’re only guilty of Y, therefore you’re guilty. Like what the fuck is that shit. That just incentivizes cops to write out the biggest tickets they can because it’s win win for the system. If you charge me with exceeding 25+ in a 55-65 zone, you must convict me of that, not arbitrarily decide “well you were still speeding, therefore you’re guilty”.
Grew up in outagamie county wisconsin, I can confirm. My hearing was 15 seconds. I was not allowed to say anyting but Innocent or Guilty. paused for stunned disbelief. Bang! Guilty. I later learned the "Judge" was not really a Judge. 30mph speed limit in between two cornfields no buildings within a half mile. NO ONE obseves the speedlimit there. Shut up and pay!
this is the most american thing i have ever heard. some people don't need to pay rent, while other people pay their rent, get cheated by their landlord and then get a 30 second trial on zoom while being muted.
The first is far more common than the second. Think about it. Someone pays you regularly and gives you no problems. Would it make sense to kick them out and risk replacing them with a shit bag tenant?
When you're poor enough you can't afford rent, you're coming into court with two strikes against you. I'm pretty sure, judges don't consider renters to be their peers, so it's no surprise people aren't getting a fair hearing.
A lot of places use magistrate court for evictions, and tenants at a disadvantage. Magistrates arent even real judges, just some dude who got elected. You can almost always request your case be escalated to the real district court, even after he rules against you. The real court they are more likely to be fair to the tenant. Tho not having a lawyer puts you at another disadvantage. We used legal aid and won against the landlord in court even tho the magistrate ruled against us.
It seems to me that very few judges at any level in this country see the people who come before them as their equals. How many times have we seen judges talking down to people for holding the 'wrong views' or for defying their orders. Its clear that the judiciary has created a new class for themselves where they stand above the rest of us peons.
As I know a few friends that are landlords, I know the crap they go through when someone trashes a place or decides to not pay and make up excuses. While I like a quick judgement in those cases 30 seconds isn't long enough to even explain damages for even one party.
Little story for you! Been living in this place for 8 years now first 2 years all was well landlord fixing stuff! then all went to sheit winter came around furnace started acting up called him to fix nothing for a week until the furnace caught on fire! repair man shows up fixes it. Repair man Shows up week later asking for payment of furnace repair, because he cant get hold of landlord! the last six years this landlord has done nothing but collect the rent, shows up when he wants even told him hundreds of times to call us! had our water shut off! He has been reported to health services they cant get hold of him as of this day ! eviction notice last year told him we see you in court he did not follow through with it ! This guy went MIA until 2 weeks ago he Showed up with 3 other people with new eviction! The list goes on and on with this guy ! we have been packed up and ready to go since last year! Just want my court date!
Sure, but the details should already be in the record and the only thing for the judge to do (in theory) is resolve the specific "dispute", based upon the evidence.
On the E-file issue “No matter what, We the people have a right to self represent.” E-filing should be open to everyone if the requirements are to file electronically. I see lawsuits happening in those areas.
Ugh, this stuff hurts people. This reminds me of the video I watched two days ago by Louis Rossmann where he tried to pay a totally BS fine (another tangent video worth watching) in NYC and the system would not allow it, he tried to contest the fine and the system would not allow it, he called and all he got was directed to the website that does not work. If he fails to pay or contest by the date or show up to the hearing (that he can't find out WHERE it will be and how to call in), he could be fined $15,000.
New York is one of the states that authorizes citizens to make arrests for federal felonies. Denying someone due process of law violates 18 USC 241 when two or more government officials are involved in denying due process. State, county and city court judges are not immune to arrest for federal crimes, even in their own court rooms.
Father taught me that if you didn't have time to do the work right the first time, you're certainly not going to have it later. That wisdom is still true for me today. I don't like rushing through tasks just to get them "done" just to go back and do it over.
Some of these evictions are also often squatters/renters abusing the system. I have talked to clients left with 10,000$ in damage and out 8 to 14 months of rent since the evictions were delayed several times. This was before covid. Worst has happened I read one case with 2 years without rent. I have seen some landlord evict to renovate and increase prices that is a sensitive matter but most cases are squatters/renters by far. They have literally made a show about it in the UK and Australia.
I'm not a disability advocate professionally, I just test the stuff. That said: for all of these hoops you have to jump through just to get a 10 minute trial, imagine the difficulty of doing this if you're blind, deaf, or physically disabled (spelling out because the accommodations needed are significantly different and clearly not compatible with how this being being run). There is no way this acceptable.
That happened to me once before virtual Court hearings. I didnt get the chance to properly respond to the judge at all. He cut me off and ruled before I got a chance. He acted as the prosecutor, and not unbiased judge.
My internet is the lowest price package available and still cost more than $3 per day. I understand those that don't have the budget to afford that. IMHO internet should be a public utility. It's just as critical today as access to roads, electricity and other public utilities.
It cost money to keep it up and running, make improvements, etc. If it was government ran it would cost 3x as much (through taxes) and would be slower. "Oh your having connection issues? We will send a technician out in the next 60-90 days"
That's why they subsidize them, not run them. Leaving it entirely private results in it costing 3x what it should, over years, just because they can, since it costs so much to become a competitor to the established local ISP. Municipal ISPs are usually very cheap.
@@laurelsporter4569 Leaving it entirely private results in it costing 3x what it should? Municipal ISPs are not cheap. The cost is covered up in taxes.
It sounds like some of the judges need to be reminded that this may be 5 minutes of their routine, but the results will change the lives of people on the other side of that bench.
@@profribasmat217 Yeah, except in many states there ARE defenses for failure to pay rent. In California, for example, rent can be lawfully withheld if the landlord fails to keep the property in safe condition or fails to repair urgent issues like a leaking roof or non-functioning furnace. Or the tenant can in some cases pay directly for the repairs that the landlord failed to carry out and then withhold from rent the amount used for those repairs.
@@rogerkeeling9869 This. Also, you might have payed the rent, yet the landlord claims you didn't. Or you payed but something went wrong and the landlord never got the money....There are just so many reason why somebody didn't pay....
Another major problem I foresee could be hearing recordings/transcripts. Judge mutes someone (the tenant say) who ceases to be heard ... to an appellate court, reviewing the case on the record it might appear the tenant simply gave up.
My wife and I had a landlord collect twice from us in one month. He caught her at work and then me just as I got home. We proved it with receipts, cancelled checks. The judge really destroyed him. He tried to use the excuse of ALCOHOL and admitted to racing around town drunk...
Because due process is required by law and not doing so amounts of a violation of their oath of office and thus then they should be personally held liable for anything they do when denying due process as that amounts to an act outside of the official capacity of office and as such amounts to a personal act of themselves rather than an official act and as such lack an qualified immunity. Easiest way, qualified immunity is only an in office protection for a government official. Start making them PERSONALLY pay for their extra-official abuse and the abuse will end quick.
A co-worker told me that a friend of his the landlord tried to evict him despite paying the rent. The landlord had reduced hours due to the pandemic and the tenant said they couldn't afford higher rent. Landlord was trying to find a replacement to make up for the losses. Rather than do the proper notice to leave the landlord filed for eviction. The tenant was a boarder, so lived in the same house as the landlord. On the day of the hearing, the landlord changed the WiFi password and got a default judgement since the tenant couldn't show to the virtual hearing. The tenant managed to get an attorney for appeals. The landlord got fined for contempt for that and the eviction vacated.
I had landlord who lied under oath that I agreed to pay half of rent, when living with my mom, as they colluded to kick me out and she paid legal costs. I already had place to go, but landlord said I owed him rent for last 4 months, despite my mom paid rent in full each month. I didn't get summons to court until after the day arrived...and only was present in court by me calling, oh its today...never received letter. They allowed me to testify by phone in court...even then was disconnected.
Totally unconstitutional! And yes I have a law degree! I had several rentals downriver in Michigan! All of my evictions were when the rent got 60 days behind and I’d try to work with them! 33 Rd district court in Woodhaven judges did well
Judges are people, and people make mistakes. People have biases, and people have flaws. That's why we have an appeals process. The very fact that we have an appeals process means that the legal system knows it has flaws. Too often though, people assume that a ruling is fair because it resonates with them emotionally, but fairness is not at all guaranteed.
That Moratorium is wrong. There are real people being victimized by people that have the ability to pay but no incentive to do so. People like my 68 year old fiance who had rentals left to her by her parents and counts on that money for her income. She's not 'getting over', she was just Getting By when all this started. Now she'd be on the street if she didn't have me putting a roof over her head.
@@nunyabidness9257 poor, poor capitalist landlords that count on money for nothing but owning and “managing” property. Boo hoo, let’s cry for the privileged who live of the labor of others. /sarcasm We need to abolish absentee property ownership, it’s a parasitical system that only increases inequality... truly disgusting.
If remote courtrooms are here to stay - and they almost certainly are - then we should all be concerned about this. If any of us is involved in legal action for any reason - divorce, child custody, contract dispute, traffic court, criminal charges, whatever - we need and deserve more than 30 seconds to present our side. Any of us could be muted by an impatient, irritable judge. Any of us could be prevented from filling evidence through technical obstacles or bureaucratic hurdles.
The courts always want represented parties. I experienced massive prejudice trying to represent myself even though I was respectful, filed timely with correct format, and always had case citations. The judges rarely bothered to read my motions/briefs, much less address the issues I raised. It was total stonewalling. Plus the opposite party totally ignored every discovery request and the court would not enforce. My subpoenaed witnesses were dismissed before I got there and were told their testimony would not be needed.
Wow... I need to hire an attorney that i cant afford. My new landlord it trying to evict me. Ironically the previous landlord did not raise my rent cause i always paid my rent timely now my unit is way under the market value. He has been harrasing us.. Yelling in front of my kids that we will be homeless soon living under a tent..taking away services and amenities... yesterday he turned off the water as i was taking a shower...
Virtual hearings should be voluntarily consented to by all parties. I've never used zoom, and have used any version of video calling only a couple times ever. I have a computer in storage but no need for it in daily life. Even with a background in IT in a previous life I would be at a severe disadvantage in a virtual legal setting.
And yet, you can watch youtube videos. Amazing. It's really not a complicated thing, and you can join zoom calls on your smart phone or tablet, they have apps for that. So... really not much of an excuse.
@@avi8r66 As mentioned in the video the ability to communicate and be seen is diminished on a phone. Regardless, even if I setup the computer for the purpose, my lack of experience with video conferencing is an unnecessary disadvantage.
@@hewhohasnoidentity4377 the phone still allows you to be seen just fine. You might not see the others as well, but the judge will be able to see you perfectly well, and that's what matters. And you can be heard just fine as well via the phone zoom session. You can use your normal earbuds/mic or the built in mic, both work fine.
I updated my PC a while back and bought a new phone last year, and despite all that I had trouble doing some online courses earlier this year. For one course I had to basically sign in twice, once on my phone, which acted as my camera and microphone, and another with my PC so I could actually see the course material. For another course, where you couldn't sign in using a phone, I had to hook my phone to my PC as an external camera and microphone, and that was way harder than it should have been. The best program I managed to find crashed systematically in 2 minute intervals, meaning I had to be ready to click on the app when it went down. It wasn't my phone going to sleep or anything, it just decided to close down like clockwork. I can't even imagine what stress it'd be if I had little to no knowledge of electronics and could lose my house if I didn't do it right.
I think another element that is being overlooked is that there is no casual observer. In the old days you could go to a court and watch a trial. Now you can't really do that
There was so much inequality, through intimidation, in divorce cases that there would be Domestic Violence advocates in the courtroom...and the judges knew that they were there! But they were volunteers...
@@MrMartinSchou Permanently. They tend to get all shooty when they feel bad about something... though to be fair, "feeling guilty about carrying out someone else's unjust order" isn't as likely as the usual cause, "This person made me subconsciously realize I'm being a stupid control freak, so I'd better shut him up forever before my conscious mind starts thinking about it".
It's not racist, they're trying to make a point. IMO, there is no liberty and justice for all. Liberty and justice is for the one who can pay the attorneys!!!
Years ago I owned a small apartment building. I needed to evict someone so I hired an eviction lawyer. Me, the lawyer and the tenant all appeared at the court house. I don't understand what happened but that lawyer and judge had the proceedings completed in less than two minutes with the tenant being evicted. I actually felt sorry for the tenant as he was not permitted to say anything in his defense.
@@uasparts Let me guess, you don't own your home and are a renter. Not every landlord is, as you describe them, "parasitic". There are a lot of renters that are pretty awful as well and enjoy tearing up properties to punish landlords. The people living next to me are an example. They have torn off the back door, broken several windows, have stored their trash in the garage for months (rats!), and park their cars on the lawn and do burnouts. They have also stopped paying rent. The lady that owns the house has been trying to evict them for months but the local government is dragging it out so that it will take her 6 months to get to court to have them evicted. This house is her only income and she is just the nicest person, and it will cost her thousands to just restore the house to a livable state. Her only real mistake was renting to people on Craig's List. Someone like you probably thinks she deserves it. Grow up.
@@visionsofparadise578 I am a homeowner, but I’ve rented from plenty of “landlords” prior to purchasing 12 years ago. The philosophy of making a living off of wage slaves while they buy you properties has become a plague in this country- and for every home that is acquired by yet another “investor” who plans on exploiting others who are not yet in the position to own, that’s one more home that’s off the market for people trying to buy an ever-dwindling, ever-inflating supply. Every last landlord I had was nice enough until you bring up an issue with their inferior, patched together property, or you are the slightest bit late, regardless of reason- then their true colors come out and it’s blatant that you aren’t human to them, you’re just a ho who has failed to line their pimp’s pockets. I can’t think of a situation more predatory, frankly- where you pay an enormous amount of your earnings toward a product somebody else gets to keep.
My divorce trial was 10min long. My ex was in person and I was only on the phone. The judge only asked me 3 questions after she asked my ex questions for at least 7min. It definitely felt like I was thrown to the side because I wasn't there.
@@roguestatus7 lighten up it was a joke, unless he knows you personally. Then remember it's the internet and lighten up and don't forget to cus about your ex while yelling at the kids down the street.
You will receive more time during a congressional hearing! ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-HiQP5htOcPc.html I don't mind that laws are tilted in favour of landlords, but tenants deserve a fair hearing and reasonable time to make a presentation.
I appreciate your fair and honest commentary, and the education you provide in an understandable manner. I am now, sadly aware, that in a number of circumstances, unless a person has an attorney, they really don't have access to due process. This assumes that everyone can afford an attorney, which is obviously untrue.
You're missing a bigger picture. What hearing did landlords get when the govt interfered with a private contract and prevented evictions? Is it fair for a tenant who hasn't paid rent in a year to complain about repairs? You now need a computer or smartphone to file unemployment. Education is now remote. Welcome to the New Normal.
I feel for the smaller landlords in these times. If the rents not paid the mortgage isn't paid. The rental gets foreclosed and the tenants evicted by the bank anyway.
Pre-covid, in my area, eviction proceedings started with roll call, and then every case was assigned to a mediator. Only those cases where mediation was rejected or unsuccessful went on to have full hearings. The rest were just pro-forma signing of mediation agreements with the judge telling the parties (typically the tenant) that if the agreement wasn't adhered to, a judgment could be issued. This allowed a single judge to "hear" a lot more cases than would otherwise be possible. I don't know how widespread this model is, but it's certainly something that could be emulated elsewhere.
I'm a landlord in Ohio, and I have taken a few tenants to court for eviction. Here is the way an eviction goes in my county (with no exceptions). "I am Steve Smith, I own the property at (any address), and Jane smith hasn't paid November's Rent". Judge says "Jane did you pay rent YES or NO"? Jane says "No, but..." Judge literally says "unfortunately the law does not allow me to transfer your problems to your landlord, you have 3 days to get out". This is always the way it goes.
@@jendubay3782 If that's the case, you go down and pay your rent to the clerk of courts and start a process to get those things fixed. If they are not, when you move out they will then refund you all your money. Minus the courts greedy fingers getting involved but better than paying a slumlord.
Not all evictions are based on non-payment of rent....I had a landlord attempt to evict me because he claimed he was selling the house. I knew he wasn't, but he even went into court and lied to the judge that he was selling the house, and we (my sister, her 5 year old daughter, and I) were evicted. A month later I checked with the records at city hall to see if there was a deed change, but there wasn't, and driving by the house, I could see that the landlord's son, who had been in the third floor apartment while I was living there, was still there....it turned out, as I suspected, that the landlord just wanted to kick us out so he could give his son our larger apartment. I sued him and won including damages for lost wages from the time I had to take off of work, moving expenses etc, and I believe the city ended up pressing charges for perjury. Among landlords, a tenant like myself who knows the law and defends my rights as defined by the law, is called a "professional tenant"....so basically, landlords have a problem with tenants that know the law and do not allow themselves to be illegally exploited....that's sociopathic on their part, that they have a problem with you for now allowing them to break the law
Its easier to embarrass them with a poster board mounted on z 2x4 and stand in frount of the justice building in rush hour traffic on an election year. He overturn his previous ruling so fast we were back in court within 3 days and got the judge to ourselves for THE DAY. Until we could agree on something. ( judge kept taking it under advisement meaning that he wouldn't talk to us and nothing was being done) it took 20 minutes on the sidewalk to get a instant new court date.
I find U.S. law and the somewhat warped concept of "fairness" interesting. Landlords rent out access to land or rather access to what is available to that land. A large house with a view of a derelict factory in an area with few jobs is in rental terms worth less than a single apartment view of Central Park, NY for instance. In effect American society is 'gifting' money to (often wealthy) landlords and then treating those that pay for or create that value as if they are 3rd class citizens. And no one ether points this out or complains!
You arent forced to rent any particular place. If you want a nicer place in a better neighborhood, of course you'd have to pay for it. If you arent willing or able, find one you can rent elsewhere.
@@Vanlifecrisis I didn't say you were or are forced to rent a particular place. The point I was making was that American society effectively subsidises landlords or corporate socialism in other words.
I got one of those photo speeding tickets and was in and out of court in less than 2 minutes. My case was dismissed. It was a company pool car and the ticket was sent to my company. The company then sent the ticket back to municipality stating I was the one driving. The ticket was sent to my house. I contested it. In court they pulled up the video and showed it on a projector screen and asked me if I was driving. I said no. you could see the car but not who was driving. I then told them it’s a pool car that everyone at the company drives it. The judge then said what did they do pull your name out of a hat and send the ticket back. I said I have no idea how they concluded it was me driving, but it’s not me. He dismissed it.
Steve, I agree with you 100% in the case of eviction for cause other than non-payment. There are definitely two sides to these cases and both should be heard. In the case of non-contested non-payment there is nothing wrong with a 30 second trial: Judge to Landlord: Is the tenant behind in rent? Landlord: Yes. Judge to Tenant: Are you behind in your rent? Tenant: Yes. Judge: Eviction granted. (Gives the tenant a reasonable to move out, etc.) There will always be exceptions, but in general a landlord is not going to be seeking an eviction if there is a good chance that the tenant will pay the rent. They are seeking the eviction because the tenant hasn't paid the rent and they don't expect to ever receive the rent. There is no justice in dragging out the eviction process in this situation. Speeding through these cases to eliminate the backlog created by the moratoriums will allow there to be time for the cases where judge needs to hear both sides of a situation that is not clear cut in the law. There are at this point many people who should have been evicted over a year ago. There is no justice in further delaying these evictions for months.
Steve, Judges, courts and staff need to work full days like the rest of us. They have a back log of work then they need to put in 8 hours. 10 hours, 12 hours. More hour's, more cases. Judges want the life but not the work.
Have a section 8 housing tenant who is intentionally not paying his portion of the rent, which amounts to 20%, because we refuse to repair HIS broken washing machine. He’s now calling us slum lords but refusing to leave by attempting to abuse the COVID moratorium. This was a very nice house that has been damaged quite a bit during his nearly 2 year tenancy. We have decided to evict him as an unlawful holdover as the lease expired on 1/1 and sell the property altogether. COVID rule abuse is causing many property owners/investors like us to voluntarily leave the landlord biz, this putting an even bigger squeeze on the tight housing market. In the end, everyone will suffer the consequences due to the COVID housing abuses. It’s a real mess.
Again a very informative, fair, video. Thank you Steve. I so agree with you, the law should be available to the very people who don't have access to modern methods for whatever reason. The sad account of the guy that had his documents refused at the courthouse is just wrong and very unjust. Thank you for your experience and common sense. T
Especially considering that an eviction means you will be homeless for the next 7 years (that's how long an eviction stays on your record and landlords will not rent to you with an eviction on your record), this would be pretty insane to have that dropped on you in 30 seconds. No idea how anyone expects these evictions to work out. The back rent is still due, and once homeless it tends to be difficult to keep or get any job. I guess we'll just end up with tent cities.
Judge Jeffrey Middleton, also from Michigan, hears these cases nearly every day, always with a tenant's advocate and always reads tenants their rights, listens to them and the landlord, and tries to reach a compromise if possible. I'm sure many other judges do so too, it can't be that hard, even if courts are overloaded at the moment.
Landloard: Your honor, he hasn't paid rent since April 2020. His lease was up in June. He has been living in my house without paying rent for over a year now. Judge to squatter: Have you paid any rent since April of last year? Squatter: Nope, I haven't paid a dime since evictions were suspended. Judge: I find in favor of the landlord. 30 seconds or less, and no lawyer required.
Sure, except you overlooked a dozen or more possibly VALID defenses or counterclaims that a knowledgeable tenant might raise. Also, tenants who have agreed to pay rent are not "squatters". Tenants generally have legal permission to live in the rented premises until the court rules for an eviction. A squatter is typically a type of trespasser.
@@UpnorthHere No, a tenant only has a legal right to live there until they choose for whatever reason to break the rental agreement. It just usually takes a judge for the landlord to get them out. Signing a lease does not give you the right to live there as long as you like no matter what, you are only granted the right to be there subject to the terms of the lease. I was simply pointing out an example of a case that could be heard in 30 seconds. Don't want to get evicted? Pay your rent and abide by the terms that you agreed with when you signed the lease. It's really that easy.
I feel that any legal proceeding by phone, zoom, or any non-inperson option is a terrible idea. I know it happens even before COVID but at least the option to be in person was there. It is definitely a violation of rights even if the cause was wrong. I feel for landlords that have a tenant that isn't paying etc. But as you said a fair hearing is one of the founding principles of this nation that made it great and different.
When muted, all parties should be muted, for a fair and equitable trial, to give all parties involved the same legal arms. Theoretically. Even the judge that silence a party should mute himself, first of all, cos know sht about fair trials. :)
Kind of like paying child support long after the children are adults, and not being able to stop the Family Responsibility Office from deducting money from your pay. Lawyers all want retainers, which is impossible when you're on the verge of bankruptcy.
I saw you were on Rossman’s channel recently. It was a really good video. I wonder if some of the issues he had with NYC’s case against him aren’t also present in these cases.
I don't remember the landlords having a say when the were told about the moratorium and loss of their income. Just because they are the big bad landlord doesn't mean they don't have rights. Say the government came to you and said you have a product people want but can't pay for it. We want you to keep supplying that product for free. Sooner or later you can't pay your bills.
We're living in tough times. The reaction to covid has ruined people financially, and this will make it very hard on renters and landlords. Landlords will be pressured to allow people to stay in their dwellings for free, and not all landlords can afford to do that nor should they be expected to. I recently sold a rental property and I'm very glad that I was able to do that. I wouldn't want to be on either side of this problem today.
There are homeless shelters. Either the government stop forcing landlords to provide free housing, or start paying for the housing. Hint, option 1 is best for everyone.
Responsible to the people and the constitution.. That's what we pay them to do. . blind justice never works if judges (who by the way are former attorneys) are more biased and sympathetic towards attorneys... They don't remember when they were just citizens.
If the court was concerned about the defendant getting a fair hearing they could cut the 2 1/2 hr. lunch break to 30 mins and use the extra time to achieve that objective.
If you were a judge whom has internet as a main tool for this new kind of trials, would you chose a zoom trial, or to watch pron sites with all the time gained for 30 zoom trials? :)
There's no semblance of justice when you put a moratorium on evictions for over a year. An evicted person can always go rent again, a landlord is unlikely to be able to recover an entire year of rent.
@@jendubay3782 They're not unemployed and a loan needs to be paid back. Their interest on mortgages still accrue as do their obligations of property taxes & maintenance etc. You really don't understand how this works. Policy this insane just singles out individuals to bear the entire burden of a politicians whim. It's disgusting.
It is unfortunate that people who work at a court SHOULD know how their processes work, but it is often not the case. We had to file an order of protection against someone and the court in our county did not know how to do it and actually sent us to a battered woman's center to help us file it. Come to find out because the guy lived in another county, we had to file the protection order in the county he lived in. Took 2 weeks to get the protection order filed and signed by a judge and another week to get the guy served. Definitely not as easy as people think to get an order of protection.