I’m working on a Motion to Dismiss and looking to add a few key points about the tenant’s behavior. They’ve lied about paying into the court, acted surprised about eviction notices, and missed payments repeatedly. Anyone got tips on structuring these points or whether it’s better to keep the motion shorter?
Sounds like you’ve got solid arguments. Adding those points might help show a pattern of bad faith.
Ira said:
Sounds like you’ve got solid arguments. Adding those points might help show a pattern of bad faith.
Yeah, I think it could help the case if I can prove the history of payment issues too.
Ira said:
Sounds like you’ve got solid arguments. Adding those points might help show a pattern of bad faith.
I agree. Exhibits like emails would definitely back it up if they show a trend.
Are you including the specific statute that covers tenant obligations? It might help to show they’re violating legal terms.
Indra said:
Are you including the specific statute that covers tenant obligations? It might help to show they’re violating legal terms.
Good point. I plan to reference the statute to highlight how they’ve ignored obligations.
Indra said:
Are you including the specific statute that covers tenant obligations? It might help to show they’re violating legal terms.
Yeah, if you tie it to the statute, it makes it clear they’re out of line.
Is this a case where you’re also filing for contempt? Could add more weight if the court sees they’re ignoring rules.
Joss said:
Is this a case where you’re also filing for contempt? Could add more weight if the court sees they’re ignoring rules.
Exactly, I’m combining it with a contempt motion. They’ve been stalling, and it’s affecting everything.
Joss said:
Is this a case where you’re also filing for contempt? Could add more weight if the court sees they’re ignoring rules.
Sounds like you’ve got grounds for it then. Hope it goes your way!
When it comes to motion length, try to keep each point clear and backed by evidence. Judges prefer concise arguments.
Beryl said:
When it comes to motion length, try to keep each point clear and backed by evidence. Judges prefer concise arguments.
Good advice, I’ll aim to keep it organized with only the strongest points first.
Have you considered mentioning the incorrect payment count too? Might help if you show they’re far behind.
True said:
Have you considered mentioning the incorrect payment count too? Might help if you show they’re far behind.
I did consider that! Court counted 9 months due, and they’ve paid only about 56% of what’s owed.
True said:
Have you considered mentioning the incorrect payment count too? Might help if you show they’re far behind.
That’s a big gap. It’ll definitely support your case if you emphasize that.