I'm a landlord, can i file discovery just like the tenant did to me?

Discovery by tenants is often just used a means of extending the hearing date. Yes, you can do the same, but in doing so you extend your hearing date and the time in which I assume you are not collecting rent. Yes, you may win a money judgment for unpaid rent, but then it becomes a matter of collecting it. In the meantime, no rent is being collected and you have expenses. From a LL's perspective, you want to get to a hearing ASAP and re-gain possession ASAP so you can get a rent-paying tenant in there ASAP. So decide if it is worthwhile. Is there anything you'd need to learn thru discovery that you don't already know? What benefit is discovery to you? Your focus should be on making sure your case is lined up - that you can prove what you need to in order to be entitled to possession and a money judgment, if applicable, that you have a response to whatever tenant claims against you, and that you have complied with all the applicable laws, especially about security deposits, which is a big place LLs mess up and end up owing tenants money for. Unlikely tenant will get a jury trial.

Yes. However, you will have to file a motion with the court asking leave to file discovery. That should be allowed as long as not too much time has passed. You should act quickly. The rules on discovery are set up to favor tenants in that a landlord will not know whether he or she should seek discovery until after a tenant has filed an answer with counterclaims, at which point the deadline for filing discovery has passed. I almost never file discovery on behalf of my landlord tenants because usually it is a waste of time because the issues are straightforward. However, where a tenant has requested a jury trial, you will want discovery. Good luck with this problem. You should hire a lawyer because the rules of procedure and evidence are complex even in an eviction case.

Because Summary Process actions are designed to occur quickly, you only have 1 week from when your case is entered to serve and file discovery. If you have already received and answered discovery, it has probably been more than a week since your case was entered. At any other time, you will have to request the court's permission to conduct discovery and show good cause why it wasn't served to begin with. If a counter-claim is filed that is assumed to be good cause. The rule governing discovery is Uniform Summary Process Rule 7. Once you get into court cases with discovery, the rules often become technical and you should definitely seek out an attorney to help you.

Honestly, I think you should hire an attorney to do this for you. This is a highly technical area of the law. One misstep on your side could end with you owing the tenant money and losing the eviction. You'll probably save yourself money by hiring an attorney to handle this for you. However, if you decide to do this on your own - here's a few tips: - Carefully review the security deposit laws if you have taken one. They are super technical, and if you've violated it, you'll likely end up owing the tenant three times that amount plus attorneys fees. It gets expensive. - If the tenant is asking for a jury trial and sticks to that when you go to court, ask the court to require the tenant to post the on going rent to the court while you are waiting for the jury trial. Tenants ask for jury trials because they know it will take several months to get a jury. You can reasonably ask for the court to hold on going rent which will mitigate your damages down the line. I advise you get an attorney to do this for you - but if you don't and you proceed on your own, good luck!

I agree with my fellow colleagues. Your best bet is seeking legal counsel from an experienced lawyer to assist you with this matter. Especially if the discovery deadlines have passed. You may want to ask him additional questions. With any discovery it is very important that you answer only those you can and provide information that you are not sure about. Best of luck with your situation.