Noteworthy New Cases

Eviction of tenant with defense of payment. 
In a recent eviction based on the landlord's posting of a Notice of Non-Renewal, the tenant tried to defend on the basis that rent had been paid and was continued to be paid after the Notice of Non-Renewal was posted. Landlord defended against these defenses, successfully, by arguing that for terminations of tenancies based on a Notice of Non-Renewal, the landlord may accept rent, including after the posting of the Notice of Non-Renewal as long as the rent is not for a period of time after the termination becomes effective. For example, landlord Marie has a tenant, Frank whose lease terminated and is now under a month-to-month tenancy. He has not yet paid rent for January. It is the 14th of January and Marie wants to sell the property so she decides to post a Notice of Non-Renewal on the tenant's door. On January 26th, the tenant pays January rent in full. But the tenant does not move out by February 1st. So Marie hired Eviction Law Firm to remove the over-staying tenant. The tenant claimed that the rent was paid and accepted by the landlord Marie after the Notice was served. The eviction Judge heard argument and denied the tenant's claim based on the legal position the landlord advanced by its lawyers at the Eviction Law Firm. That position was that the landlord only accepted rent for the period of time the lease was still effective, January, but not afterward. So the landlord never waived the right to proceed with the lease termination per the Notice of Non-Renewal of Lease. 




Squatter Takeover.

Mario bought a new property at a Sheriff foreclosure sale. He went to visit the new property and discovered someone living inside. Mario needed to remove this unapproved occupant. He hired the Eviction Law Firm to take care of that. Mario did not know the name of the person living in the property. The removal was accomplished with an Unlawful Detainer action, even without the name of the person living there because my known. Sometimes a John Doe case can be brought and an affidavit verifying that the name of the occupants is unknown is used to satisfy the court in order to get the final judgment and writ of possession issued. 

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