The predicted “eviction tsunami” never came ashore but expecting a tsunami of civil lawsuits to recoup rent debt that would arise out of the pandemic, prophetic lawmakers have expanded the powers of the small claims court.
Bornstein Law can assist in demanding rent from the tenant, building your case, and coaching you for game day in court.
Please don't think that a victory in small claims court is guaranteed just because the tenant failed to pay rent.
The opposing side can make all kinds of allegations against the landlord like uninhabitable conditions in the rental unit and the plaintiff landlord could become disappointed in what they thought would be a surefire verdict against the tenant.
Small claims courts can be likened to "kangaroo court" in many respects. For astronomical debt loads, it may be more prudent to go to “regular” or Superior Court, where landlords may find a greater due process and likelihood for a successful outcome. Taking this route, however, is more costly and time-consuming.
We will be happy to have a dialogue on strategizing which approach is best in recovering sorely needed rent arrears, taking into account time, risk, and attorneys’ fees.
