Evicition of a rent behind tennant.

[brooktrout]

I am currently trying to get a tenant out of a commercial bldg. that he has been renting for about 7 yrs.. I never from day 1 had a signed lease and am not sure if that is going to hurt me or not in this case. Until the last 2 yrs. I have had no problem receiving rent then slowly and surely he got behind more and more. Everytime I called it was excuse after excuse. He was always waiting on money from someone to then get caught up with me. Anyway, I told him last June that if he was not going to pay rent that he needed to get his stuff out period. Well in Nov. he was still in there and now owed me about $4,500.00 in back rent. So I got online and found a evicition package and printed out the forms and had them notorized and posted one on the door and sent the other certified mail. Well he saw the one on the door and deceided not to accept the one from the mail carrier. He then called and said that he was going to get his stuff out and after 6 weeks was still not out. So I went to the majistrates office and paid the $170.00 to take him to court for back rent and get him evicted. I showed up for the hearing and found out that it had been continued till the 19th of this month because he was countersuing me for $3,100 + interest+ court and attorney fees. Well after 4 days I received his countersuit and found out that he got himself an attorney. He was suing for a fire that damaged the bldg. 3 yrs. ago. To make a long story short. He had a car repair center and a client of his had a Durango that he was suppose to fix. Well the client decided to set the car on fire to try and receive the insurance money versus paying my tenant to fix the car. Well the car flames rose high enough to catch a few of the roof rafters of the bldg. on fire and damaged some of the steel roof sheeting. Anyway, at the time he called me and told me about the fire he said that it was no big deal and he would take care of it. Well I had a bunch of new sheets of the same heavy roofing that was on the bldg. so I told him to figure out how many he needed and I would give them to him to help him out. He paid for the lumber which at todays high lumber cost would be under $200.00 and did the labor which took him a few hrs. His $3,100 countersuit is for materials, fire cleanup, labor, interest for 3 yrs. and court costs. So my questions are:
How do I stand in getting the back rent money from him without a written lease?
How do I stand in his countersuit if I show up without a attorney and just tell the truth?
Anything I should do or take that can help me in this case?
I have pictures that prove what was damaged from the fire but can't show any from the inside of the bldg. because until he is evicted I can't go in there.
Please help

 

[seniorjudge]

Q: How do I stand in getting the back rent money from him without a written lease?

A: Ask for everything you want; if you cannot get or it is not allowed, then the court will tell you.

 

[brooktrout]

Thanks SeniorJudge.
What do you think about his countersuit for the fire.
He never said anything or sent me a bill or anything until now. It happened 3 yrs. ago.

 

[seniorjudge]

Thanks SeniorJudge.
What do you think about his countersuit for the fire.
He never said anything or sent me a bill or anything until now. It happened 3 yrs. ago.

I am really unclear on how or why he thinks the fire is your fault?!

 

[brooktrout]

He knows it wasn't my fault but the way I see it the attorney would not have taken the case if I (the bldg. owner) should not have had to pay for it. I know that he must have not told the attorney the truth about the whole thing such as me supplying the steel roofing which was 3/4 of the total $ in damage. And that he did not tell the attorney that back when it happened he said it was no big deal and he would take care of it. I know that I have been the best landlord this guy could ever dream of and just want to get my rent money and get him out so that I can either sell or lease the bldg. Thanks for all your help bud!!