"Ask the Judge" Column in Sunday's La Prensa of SA, 9-25
Ask the Judge: Justification for locking out tenant
By Judge Steve Walker
In week 16 of “Ask the Judge” I pointed out that 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.
As of late, more and more landlords are arbitrarily locking out tenants without warning or pre-notice. This is disturbing that the landlords are not following procedure. In normal circumstances the law tends to favor the landlord over the tenant, although tenants do have rights which many exercise.
In most cases 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.
One of the biggest problems for tenants is failure to show up for court after being served. In that case it is ruled an automatic default. Other times the tenant does show 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 and not rent, 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. Remember Justice of the Peace Court is still a People’s Court where anyone can represent themselves.
Landlords need to understand under the law that they like the tenant have 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, (verbal is acceptable as long as both agree on the terms) either side can take legal steps to remedy the problem. It can not be stressed enough that arbitrarily locking out the tenant is not justified at any time 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 diligently 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.
When unable to pay the filing fee, the tenant may also file a Pauper’s Affidavit if they can prove financial inability to do so for the writ of re-entry. Landlord’s on the other hand, are allowed to challenge the tenant’s claims of pauper status in an additional hearing at a later date with the assistance of an attorney.
Remember these tips when coming to court.
“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
In week 16 of “Ask the Judge” I pointed out that 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.
As of late, more and more landlords are arbitrarily locking out tenants without warning or pre-notice. This is disturbing that the landlords are not following procedure. In normal circumstances the law tends to favor the landlord over the tenant, although tenants do have rights which many exercise.
In most cases 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.
One of the biggest problems for tenants is failure to show up for court after being served. In that case it is ruled an automatic default. Other times the tenant does show 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 and not rent, 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. Remember Justice of the Peace Court is still a People’s Court where anyone can represent themselves.
Landlords need to understand under the law that they like the tenant have 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, (verbal is acceptable as long as both agree on the terms) either side can take legal steps to remedy the problem. It can not be stressed enough that arbitrarily locking out the tenant is not justified at any time 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 diligently 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.
When unable to pay the filing fee, the tenant may also file a Pauper’s Affidavit if they can prove financial inability to do so for the writ of re-entry. Landlord’s on the other hand, are allowed to challenge the tenant’s claims of pauper status in an additional hearing at a later date with the assistance of an attorney.
Remember these tips when coming to court.
“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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