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Tenant has free lawyer and can request for a jury trial?

  • Tenant has free lawyer and can request for a jury trial? Tenant has free lawyer and can request for a jury trial? California by the way. I filed a simple unlawful detainer of property (not paying rent) Tenant retaliates stating discrimination ( we're both same color/race) and requests for a jury trial. Thats fine, but doesn't the BAR association conduct background checks on these people? I know for a fact that the tenant's primary address is not at the rental unit. How is this even possible? A jury trial for a simple eviction trial? WOW, I cannot believe this. The American Justice System is once again showing its inconsistencies. What sane person(s) decided to grant these people such benefiting resources( free lawyer) for a civil case? Obviously as landlord i cannot object to the request. It seems like the legal proceedings will be in favor of her. What if the jury is sympathetic to her lies? I know this is long, but it is a enlightening gap in our legal system.

  • Answer:

    Unless she can prove she paid rent, which of course she can't, I don't see how a lawyer helps her.

Joe at Yahoo! Answers Visit the source

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Cancel the Unlawful detainer and sue tenant for the rent in small claims court. No attorney is allowed in small claims court and no jury trial is available. Do this each month the rent is not paid. Then get a judgment each month for the rent and attach the wages or any other assets of the tenant. They will get the message and MOVE.

She's not going to be able to prove she paid rent if you didn't give her receipts. No way she can win. At the worst for you she will be given another 30 days to move

What's your question?

It is hard to answer you without knowing what state you are in. Every state has its own statues for tenants and landlords. If the person went to Legal Aid for free help, they must be low income. The county Bar Assn does not check the background of its clients. "To satisfy the due process rights guaranteed to the tenant by the Fifth Amendment to the U.S. Constitution, the landlord must strictly follow the statutory procedures, or the tenant can challenge the unlawful detainer proceedings on technicalities and force the landlord to start over again." Each state has its own type of unlawful detainer proceeding.

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