Wouldn’t you think that a judge would possess some type of legal background?
Not always! Often it is an elected position (read: all about politics). Someone knew someone, perhaps the popular town butcher, ran to be district judge and got voted right in.
It’s not common, but it does happen. According to the
Federal Judicial Center: “There is no specific course of training for judges and no examination.” Scary stuff, huh?
The FJC explains that judge selection varies from state to state, however, the most common selection is by commission nomination and by popular election. What’s commission nomination, you ask? It means the judge was appointed by a small group of local power brokers, who know and like the person they’re appointing to be a judge.
So, here you are Mrs. Landlord, with a very “educated” tenant. I am not speaking of higher education, more like, “know how to work the system” education. Don’t think they’re out there? I have tussled with them time and time again. And in a district court, they can sometimes confuse a judge to the point of winning or sending it to the next level, county or state.
What could have and should have been a simple non-payment case starts dragging out (can you say more time with no rent?). You get the privilege of spending more time in court, and possibly escalation to a higher court where you will have to retain an attorney. Mo’ money…
The frightening costs of court entanglements
First things first: become intimately knowledgeable with what is permitted and not permitted in your state and local laws.
For instance, Chicago landlords: did you know that there is a Residential Landlord Tenant Ordinance you must adhere to? Philadelphia Landlords must get a housing rental license! Oh, and it does not stop there, each Philly tenant must be provided with a Certificate of Rental Suitability. If you get taken to court without these items, guess who loses?
I saw
the tenant of a landlord friend live in his rental unit for six free months FREE! All while there was a disagreement over shared utilities in the basement. The lease agreement even covered the issue, outlining a rent credit in exchange for the shared part of the utility. That landlord not only lost the six months’ rent but ended up paying an attorney plus he ended up offering and paying this tenant a settlement just to get her out! His money just flew out the door.
Have I scared you yet? I hope so – my goal is to scare you enough to educate yourself. It is only by education that we learn how to avoid the many pitfalls of being a landlord. You wanted to become a landlord to make money, correct? Unbury your head from the sand and get busy.
You need to become a local legal expert, whether you like it or not
Visit your local town or county website. If they do not have one, visit the housing or township office. Ask for all the ordinances and information you can possibly get your hands on. Read your state landlord-tenant laws (or relevant summaries of them). Pay especially close attention to restrictions and requirements. Lucky for you, we offer
landlord-tenant law summaries for each state here on SparkRental.
Wow I thought you had to have a JD to serve as a judge. Guess not!
In some jurisdictions only attorneys serve as judges, but not everywhere…