What to do when your Tenant files a Pauper’s Affidavit?

I hear this from Landlords a lot, “They filed an Affidavit of Inability to Pay [which is commonly referred to as a Pauper’s Affidavit], but I know they can pay. I know where they work; I know what they drive, and the stuff that they put in their Affidavit – total lies. And I want to object.”

These Landlords are smart. And they’ll get online and search, “What happens if somebody’s got false claims in a Pauper’s Affidavit?” [i. e., an Affidavit of Inability to Pay].

The truth is, the law does allow a process in which you can contest the Affidavit. In fact, a lot of courts will give you a call and tell you, “They’ve just appealed. If you want, you can contest it because that is your right.”

But don’t exercise your right to contest the Pauper’s Affidavit. It’s just not worth it. First of all, it is a waste of time. Let me explain what rights a Pauper’s Affidavit gives the Tenant.

Essentially, what it does is – it waives their filing fee. And you may be thinking: “I want them to pay the filing fee.” – No, you don’t, because that doesn’t come to you. You can’t collect it: it only goes to the county.

So, if they’re lying to anybody, it’s to the county. And the responsibility to sift through those lies is entirely on the judge. That really doesn’t affect you.

What they are obligated to do is – to pay rent into the registry as it comes due. And the first payment of rent is within about a week of when they file the Pauper’s Affidavit. They have got to come up with one month’s rent for that same month.

As the next month comes due, they have got to come up with that next month’s rent. So, their agreement by filing with a Pauper’s Affidavit is to pay that rent. If you contest it, then that week when they have the deadline to pay, goes right out of the window.

Let’s say, the timetable has changed, and now there’s a hearing. The court has got to hear the matter, and the judge may agree with you. The court may say, “You’re right, they’re not entitled to this relief. Pauper’s Affidavit denied.”

And you may be high-fiving yourself in the hallway, but in fact, this is the most frustrating part of the procedure. The tenant can appeal this one decision and simply delay, delay, delay…

The Tenant can get back and google, “What do I do if my Pauper’s Affidavit is rejected?” And they find out that if they appeal, they get a separate hearing. The Tenant then happily presumes, “That’s going to delay my eviction appeal an entire month. I’ll do it!” And they always do.

If you get caught in this quest for justice, and you think, “They lied in their Pauper’s Affidavit,” all you’re going to do is cost yourself an entire month of rent. If it gets appealed, then it gets its own hearing in front of the county court.

It’s its own process, and if that court disagrees with you, guess, what? You’ve gained nothing.

But even if it agrees with them, they’ve had an entire extra month before they’ve had to do anything. The Tenants are likely going to have enough to pay in cash bond.

They also have got enough free time that they’re going to move out anyway. The Tenants could also file a surety bond which is also a low-cost way for them to proceed on appeal. It just does not work in your favor to have lost an entire month of rent because you wanted justice.

It is the Landlord’s responsibility to make sure the Tenant pays into the Court’s registry. If somebody files a Pauper’s Affidavit, wait for them to make that first payment. At the very least, they’ve paid for that month.

Then, hold them to the subsequent payment. If they don’t make that second payment, you’re entitled to a hearing for an immediate writ.

So, if somebody files on the Pauper’s Affidavit, and you’re just champing at the bit and really want justice, don’t worry about justice in this case. Let your Tenants file. Let them pay. And if they don’t, send them out.

Landlords have rights to get a writ of possession. If the Tenants don’t pay within the time frame, that’s required by this kind of filing. But if they do pay at the very least, you’re recovering some of the rent that you would otherwise lose.

So, in a lot of ways it doesn’t help Landlords to contest Pauper’s Affidavit. It only causes delay, and it’ll cost you at least a month in unpaid rent.