"Ask the Judge" Column continues in Sunday's La Prensa, 6-19
Ask the Judge: Writ of Re-Entry
By Judge Steve Walker
Nearly every week in Justice of the Peace Court, Pct. 2, a tenant is locked out of their commercial business or house/apartment by an irate landlord.
Most times the landlord has just cause to do so when the tenant fails to pay their rent and the landlord wins a repossession/judgment against the tenant in eviction court and an appeal has not been filed within five days to the county court.
Many times the tenant fails to show up for court after being served and the case is ruled a default. Other times the tenant shows up and still loses when it is proven they did not pay the rent or broke the lease in some way. As previously stated, the defendant can file an appeal to the county court within the time restrictions.
If the eviction is based on a breach of contract, the landlord must have legal representation, whereas failure to pay rent does not require the landlord to hire an attorney. In that particular situation the landlord can represent himself/herself in the case.
However, the landlord like the tenant has to adhere to the provisions of the lease or agreement that both parties agree to and sign when the tenant moves into the property.
If either party fails to uphold the written contract, if there is one, either side can take legal steps to remedy the problem. Arbitrarily locking out the tenant is not justified and can cause the landlord to find him/her being sued in small claims court for damages.
When the aggrieved tenant finds himself/herself locked out of their personal or residence or business and wish to fight it, they must request a hearing and file a writ of re-entry if they believe they were unjustifiably or erroneously locked out from the property.
They must fill out paperwork and must swear under oath that all information offered is true and correct. Lying or misrepresenting any information given can lead to fines or incarceration for contempt of court.
The tenant may also file a Pauper’s Affidavit if they can prove they are financially unable to pay the filing fee for the writ of re-entry. In last week’s column the Pauper’s Affidavit was explained in detail.
The first question a Judge asks in the writ of re-entry hearing to the tenant is “do you owe rent?” If the answer is “yes” then the writ is denied. If the answer is “no” then the landlord must show why he/she locked out the resident. If they fail to show proof as to why the tenant should be locked out, the writ of re-entry is approved.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
Nearly every week in Justice of the Peace Court, Pct. 2, a tenant is locked out of their commercial business or house/apartment by an irate landlord.
Most times the landlord has just cause to do so when the tenant fails to pay their rent and the landlord wins a repossession/judgment against the tenant in eviction court and an appeal has not been filed within five days to the county court.
Many times the tenant fails to show up for court after being served and the case is ruled a default. Other times the tenant shows up and still loses when it is proven they did not pay the rent or broke the lease in some way. As previously stated, the defendant can file an appeal to the county court within the time restrictions.
If the eviction is based on a breach of contract, the landlord must have legal representation, whereas failure to pay rent does not require the landlord to hire an attorney. In that particular situation the landlord can represent himself/herself in the case.
However, the landlord like the tenant has to adhere to the provisions of the lease or agreement that both parties agree to and sign when the tenant moves into the property.
If either party fails to uphold the written contract, if there is one, either side can take legal steps to remedy the problem. Arbitrarily locking out the tenant is not justified and can cause the landlord to find him/her being sued in small claims court for damages.
When the aggrieved tenant finds himself/herself locked out of their personal or residence or business and wish to fight it, they must request a hearing and file a writ of re-entry if they believe they were unjustifiably or erroneously locked out from the property.
They must fill out paperwork and must swear under oath that all information offered is true and correct. Lying or misrepresenting any information given can lead to fines or incarceration for contempt of court.
The tenant may also file a Pauper’s Affidavit if they can prove they are financially unable to pay the filing fee for the writ of re-entry. In last week’s column the Pauper’s Affidavit was explained in detail.
The first question a Judge asks in the writ of re-entry hearing to the tenant is “do you owe rent?” If the answer is “yes” then the writ is denied. If the answer is “no” then the landlord must show why he/she locked out the resident. If they fail to show proof as to why the tenant should be locked out, the writ of re-entry is approved.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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