White Paper

2 Pages
  • 2 Pages

Eviction Practices – Preparation of Witness Testimony


Witnesses must be properly qualified.

While few detainer warrants result in trial, it is important to note that if a trial occurs, then normal rules of evidence and civil procedure apply. While witnesses must be properly qualified, the landlord’s proof of damage must consist of admissible evidence and written statements in lieu of personal appearance are not admissible as these documents contain hearsay. Credibility is often an issue in landlord/tenant disputes and the status of the books and records kept by the landlord are often important factors in determining who will prevail at trial. This white paper reviews the importance of making sure that all repair requests and complaints made by the tenant are properly documented and matched to the responses made by the landlord, and that the lease is reviewed prior to trial to ensure compliance with all appropriate provisions.



Gary S. Rubenstein

Gary S. Rubenstein

Schulman, LeRoy & Bennett, P.C.

  • Principal with the law firm of Schulman, LeRoy & Bennett, P.C.
  • Practice consists of insurance defense, surety bond issues, and landlord-tenant matters
  • Board member of the Tennessee Apartment Association
  • Frequent lecturer on landlord and tenant issues
  • Teaches business law at the Gupton School of Mortuary Science
  • J.D. degree, Vanderbilt University; B.A. degree, Purdue University
  • Can be contacted at 615-244-6670 or [email protected]

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