I am taking my tenant to court for non payment of rent. Court was suppose to be for today. However, she had filed a notice to transfer to the house court. So now we are in a waiting game. In the mean time, I did some research, and found out on the court's website that she had 4 other previous non payment of rent cased against her. Looks like she is professional tenant. Could I use this information in court to let the judge know that she is a pro at this?
Depending on the circumstances, such information could be used to impeach the tenant's credibility during cross examination. I would not use the term "professional tenant." I would simply use the information to question, for example, whether the tenant knew about the inspection process for the Board of Health or such like, if he or she raised the condition of the premises as an issue.. Good luck. You should consult a lawyer. If you are in business, it will save you time and money.
This is merely general information and does not establish an attorney client relationship and is not directed to a specific case.
Generally not. Evidence of "character" is not allowed in court. This means that you can't use evidence of any kind, whether public records or not, to show that a tenant acted in a way that is consistent with past behavior. This means that you can't ask her a question like, "Have you ever been behind on your rent in any other apartment?" or "Have you ever been evicted before?" They are simply not relevant to your current case. Similarly, it is not allowed to use evidence of character to impeach. The judge may listen to you on these issues, but he can't consider them at all in your current case and should disregard them in any ruling.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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