Trying to evict a very difficult con artist tenant.

UPDATED: Sep 26, 2012

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Trying to evict a very difficult con artist tenant.

I won the lift of stay in bankruptcy so now the tenant filed a discrimination case through the federal court in order to delay eviction further.I now am close to $12,000 in debt. Please, can I get a straight answer on what to do now? There hve been 3 lawyers and they have no idea. My tenant has now moved it from the state court to the federal court. There is no merit to his claiml it’s just another delay. I am tapped out of funds and going crazy.

Asked on September 26, 2012 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no easy or simple answer. You can again apply to the court to remove the stay; if you believe this case is frivolous or baseless, you can countersue the tenant for abuse of process and also seek attorneys fees and other sanctions in the discrimination case for having been subjected to frivolous litigation; and you can also sue for all the accrued undpaid rent, other charges, and any damages to the premises.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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