Tenant appealed Magistrate Court to Civil Court

This is a discussion on Tenant appealed Magistrate Court to Civil Court within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in West Virginia. I am dealing with the worst tenants(Tenant 1)in my 20 years being a landlord. They ...

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Old May 16th, 2009, 06:05 AM   #1
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Default Tenant appealed Magistrate Court to Civil Court

I live in West Virginia. I am dealing with the worst tenants(Tenant 1)in my 20 years being a landlord. They call me continually complaining about the neighboring tenant (tenant 2), who they do not get along with. From the start they have repeatedly told me I need to evict him.(Tenant 1 was in property management for 2 years-knows everything). Tenant 2 has not done a thing for me to evict him. Always polite when I call to reprimand about loud music... I have never had to reprimand about the same issue twice. There are too many issues that have arisen to speak about, but to keep it short I have had no less than 200 phone calls from Tenant 1 in 4 months. Tenant 1 has complained that they are miserable and it is not fair(?) that we will not do anything about Tenant 2. I have offered several times in the past couple months to allow them to leave before the end of their lease and would give them their security deposit back. They refused to leave.
Tenants 1 did not pay rent for April. I hand delivered an eviction notice on April 7th. (I filed immediately because Tenant 1 told me they were not going to pay April rent in March because I would not be a referee between tenants.) An hour after leaving my apartment complex, the State Police called me to tell me that the Tenants had made a claim that I hit both husband and wife. I was never within 8 ft. of them. He had been to the apartment before due to the same tenants arguing, so he was familiar with both Tenant 1 and Tenant 2. He refused to file a report against me because he did not believe them. I filed for eviction with Magistrate Court and won. Tenants 1 had till May 8th to vacate. Tenant 1 appealed decision, now new court hearing scheduled for May 28. The appeal overturned the Magistrate decision and now Tenant 1 does not have to vacate until the next hearing on May 28th. Tenant 1's lease ends May 31, 2009. I have a judgment for rent and court fees through May 8th. In Magistrate Court they tried to counter sue me for ?harassment. I have only been to their door 2 times in 10 months and have called them no more than 5 times. As mentioned before they have called me no less that 200 times. The Magistrate told them the harassment charges could not be heard in his court room, they would have to take that to Civil court. In the magistrate hearing Tenant 1 lied repeatedly.
My questions are:
Will the judge address their counter claim of harassment in civil court? I have not harassed them in the slightest way. I truly feel that I have been harassed, but just want this tenant to leave and be done with them. Should I file a counter claim for harassment?
Will the judge make judgment for the remainder of the time through to the hearing date without me filing for rent due from the last hearing date?
Can I subpoena the Policeman that is familiar with this case. He told me I need to get rid of them. His words, "they are a cancer, you need to get rid of them".
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Old May 17th, 2009, 09:23 AM   #2
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Default Re: Tenant appealed Magistrate Court to Civil Court

A judge wil listen to their claim of harassment. But don't worry. They have no proof of harassment. They don't have phone records showing repeated calls. No police statement. No charges pressed against you. There is no evidence to back this up.

Tenants who are backed into a corner such as these have to find some way to fight back. Appealling to a higher court and countersuing on some ridiculous charge are two of the most common ways.

You can counterclaim them for a judgement. Ask for all unpaid rent until they vacate plus damages if you know of any yet. Or wait until they are out and file this claim in small claims court.
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