Eviction Scenarios Bronson Tucker, Director of Curriculum, TJCTC NTJPCA Convention, October 2018 And All Occupants Landlord gives notice and files eviction on John Doe and all occupants for a non-rent breach of lease. John appears and admits he no defense to the accusation that he violated the lease. Before the court rules, John asks, Does my wife have to move? She is a tenant and she also signed the lease. The lease names both John and his wife as obligated under the lease. The notice to vacate named John and his wife. The petition names John and all occupants. Based on these facts, how would you rule and why? 1
Late Payment & Nonpayment of Rent Landlord is represented by new management company who is more strict than the old management company. Landlord offers proof that the lease states all rent must be paid on or before the 1 st of each month with no grace period. Landlord offers additional proof that tenant paid on the 3 rd, so landlord gave notice to vacate and then timely filed for eviction. Tenant appears and does not dispute that he paid late, but offers evidence that out of the last 15 months he only paid on time twice, and was surprised to receive the eviction notice. Based on these facts, how would you rule and why? Post Eviction Appeal and Writ of Possession Judgment issued in favor of landlord for possession on a Thursday, September 14. The next Tuesday, September 19, is the last day to appeal. The landlord appears on Wednesday, September 20, the sixth day after judgment, and pays for the Writ of Possession. Since no appeal was filed by the tenant by Tuesday, September 19, you issue the Writ of Possession. The following Wednesday, September 27, eight days after the last day to appeal, you receive in the mail, properly addressed and stamped, the tenant s appeal bond postmarked on September 19. Based on these facts, what do you do and why? 2
Back Rent and Jurisdiction Laura Landlord is renting out an office space to Randy Marsh s Video Emporium for $7500/month. Randy is 25 days late with the rent, and Laura files an eviction suit. After she files, Randy misses the next payment as well. Laura seeks to modify her pleadings to now recover $15,000 in back rent. Can she modify her pleadings? Can the court award the $15,000? Paying Rent into the Registry Christina leases an apartment from Danah. The lease states that rent must be paid by the 3rd of the month. Christina hasn t paid her monthly rent by September 5th, and Danah files an eviction lawsuit. Christina pays rent on September 10. On September 25th, the justice court issues a judgment for possession only. Does Christina need to pay rent into the justice court registry if she appeals by filing a sworn statement of inability to pay costs? 3
Paying Rent into the Registry II Someone appeals a nonpayment of rent eviction case with a statement of inability to pay costs. You have a brand new eviction clerk and she forgets to give them notice to pay rent into the registry. After 6 days, the landlord requests their writ of possession. Now what?? Proof of Notice to Vacate What proof is needed if the landlord puts information regarding the notice to vacate in the petition and the defendant doesn t answer? What if the defendant files a general denial, but fails to appear for trial? What if the defendant appears for trial and testifies they never received a notice to vacate? 4
Who s Moving This Trailer? A tenant is evicted from a manufactured home community. Whose responsibility is it to move the trailer off of the lot if the tenant leaves it there? Proper Notice to Vacate Post-Foreclosure How many days notice to vacate is each of the following people entitled to: Someone who had a pet when the lease said no pets Someone s adult son being evicted Someone who was foreclosed upon Someone who was renting from a person who got foreclosed upon 5
Improper Service Before Trial An eviction case is called for trial on Oct. 24, and you notice that service occurred on Oct. 19. How would you handle this case if the tenant does not appear? How would you handle it if the tenant does appear? Bankruptcy A judgment for possession issued on Oct. 17. The plaintiff comes in on Oct. 31 seeking a writ of possession. Can they get it if the tenant filed bankruptcy on: Oct. 16? Oct. 20? Oct. 28? 6
Immediate Possession Bonds A judgment for possession is issued on Oct. 25. When can the writ of possession be issued and when can it be executed if: IPB was served on the tenant on Oct. 17 and the tenant didn t appear for trial? IPB was served on the tenant on Oct. 17 and the tenant did appear for trial? IPB was served on the tenant on Oct. 23 and the tenant didn t appear for trial? IPB was served on the tenant on Oct. 23 and the tenant did appear for trial? 7