Useful Evidence in an Eviction Suit

If you are unfortunate enough to end up in an eviction hearing, the best you can do is come prepared to win the suit against your tenant. To do that, you will need to provide solid evidence that the claims you have made against the tenant are accurate and justifiable.

Your tenant, no doubt, will be doing the same. Evidence from both sides can include: (1) testimony from the parties involved or their witnesses; (2) written agreements, including the lease agreement; and (3) documents such as cancelled checks, receipts, correspondence between the parties, repair demands and photographs.

As the landlord, you will be asked to present evidence first. Show the court your lease agreement with the tenant, and then testify about the nature of the lease violation(s), such as overdue rent.

Once your testimony is complete, the tenant is allowed to present his case, including any counterclaims he may have. For example, if the tenant has paid the rent, he can show the court copies of his cancelled checks, or if the tenant is owed for repair costs, he can present repair receipts. Photographs of the repairs can also be used as evidence.

Though the eviction process can be time consuming, costly and frustrating, it is a good time to recognize the importance of organization and careful documentation. Easy access to all correspondence and financial records for each tenant may be the difference between winning and losing your eviction suit.

If a discrepancy must be resolved during an eviction suit, it will be much easier to address if all your evidence is readily available.