I have a tenent who is several thousand dollars behind in her rent. She has been behind since September of last year. She has paid partial rent a few times, but has been falling further and furthar behind. Sometimes she would pay me in cash, other times she would deposit it directly into my bank account. I have a reciept book that I used when she paid cash, for the deposits, I rely on bank statments, and she gets the deposit receipt.
I filed for a 5 day notice with the constable. After it was served, she called me disputing the amount. She claimed that she only owed about $3000 instead of $5000. I offered to go over my ledger and recipt book with her.
Before I met with her, I went over all of my bank statements, and found one deposit that wasn't on my ledger for $875. Assuming that my notice was now invalid, I refiled with the constable for the new amount.
I met with her and explained the mistake, and went over everything. She still owes me far more than she says, and even what she agrees to is plenty reason for the eviction. She kept saying "but I paid you this much on this day" and in every case it was on my ledger.
I got a phone call that she is contesting the eviction and we need to appear in court. I'm going to the courthouse on my lunch break today to see if I can get a copy of her response. Based on the timing, I suspect that she is contesting the first 5 day notice.
So what happens next? Am I just going to court to say "yea, she's right that one is wrong, which is why I re-filed?" If she is further disputing the amount on the second notice, can that be discussed now, or will another court date be set? I have the lease, my ledger, reciept book, and bank statements. I don't think she has kept anything, so I don't know what kind of case she can have.
I made an assumtion that my first notice was void since it contained an error. True? Since we are in court on it, can the judge order an eviction on it, or do I have to wait unitl the end of the second notice?