Key Ideas and Facts

Preparation is Paramount:

“The key to success is preparation.” This includes keeping a detailed journal, understanding settlement possibilities, knowing the “16 factors to consider” and practicing negotiation skills.
Tenants should visit their courtroom in advance to familiarize themselves with the environment and the “bench officer.” “If your court date is at 8:30 a.m., go at 8:30 a.m. if it’s at 1:30 go at 1:30. sit and watch. if you’re asked why you are there say I am an Eden tenant empowerment program student and one of my assignments is to spend at least one court session getting familiar with my courtroom and my bench officer thank you for asking questions”
Bring an “exhibit notebook” and a “trial notebook” to court.
Have filled out “stipulation for judgment form” for move out scenarios and “settlement agreement form” for payment plans with ideal and negotiable offers.

Tenants have the right to a jury trial if they requested it and filed the necessary fee waiver (FW002) or paid the jury fees on time.
The notice of trial might say “non-jury trial” regardless, due to a computer system limitation.
Verify jury demand and fee waiver approval with the court clerk (“registry of actions”).
If a jury is preserved, make sure to say “jury preserved” and “I have verified” when communicating with EDN staff and in court.

Remaining in possession of the unit is “leverage for getting rid of that rent debt.”
Tenants should attempt to resolve the rent issue before moving out. “Don’t move out before you’ve made a deal. If a tenant moves most owners just give up on the rent knowing that the tenant does not really have the money and collecting will be very difficult usually the owner just dismisses the case and forgets about it”

Arrive 45 minutes early, dressed professionally (“business casual”). “appearance is important dress for victory be neat business casual not very dressy”
Text your “pip” to the EDN support numbers.
Find the case number on the docket posted outside the courtroom.
Check in with the bailiff or clerk.
If the bench officer is a commissioner, tenants should know which commissioners EDN recommends stipulating to and which to refuse (Boxer and Gridiron Winston – Stipulate. Dodson and Acevedo – Refuse).
“You have a right to a judge if you are going to give up that right they need your signature.”
If they refuse to stipulate, they may have to return to the court several times before they are assigned a judge.

Proactively approach the plaintiff’s counsel to initiate negotiations.
Clearly state your name, case number, docket number, and department number.
Have a clear ideal offer and a bottom line determined beforehand.
If you preserved a jury, do not feel pressured to accept any offers, stick to your ideal terms.
If you are not ready to make an offer say that you will be waiting for them inside the courtroom.

Be aware of the opposing counsel’s tactics, such as acting like a “long-lost best friend” and later becoming threatening. “they will offer to forgive the rent if you move in a short time they will make it sound like this is the best thing for you.”
Counter intimidation tactics by asking for a “mandatory settlement conference” with a mediator.
“Your goal of this appearance is to get a mandatory settlement conference.”
If the judge is intimidating say the tenant is a proud student of the EDN.

Introduce yourself to the EDN attorney if one is present in court.
“If you feel A change is needed please return the firm the form to me so that I can have your proposed change reviewed at my next tenement tenant empowerment class or give me a chance to text the instructor that is helping me this morning if one of us is in court say you want time to talk to us if the judge says no Then say I’m sorry your honor but then there is no deal can we have a mandatory settlement conference”
If asked if Elena Pop or EVN is representing the tenant the answer should be “Unfortunately not at this time I am a tenant empowerment program student I hope that timing will work for will work out for them to represent me but at this moment I do not have an attorney”
Attend the empowerment classes and webinars regularly.

Do not cross the “bar” without permission.
Know where the defense counsel table is located (farthest from the jury box).
Be polite to the bailiff and clerk.
If there is an agreement, make sure the judge reviews it before signing.
When new dates are given, clarify the type of hearing (mandatory settlement conference, trial setting conference, final status conference).

Avoid angry, whiny, or indignant tones.
Use a “late night FM DJ voice” – deep, soft, slow, and reassuring.
Listen carefully to the question, answer only the question, and be ready to back up the answer.

EDN’s offices are overloaded and it is best to come to an empowerment class or a webinar.