Delaware State Housing Authority v. Brown, C.A. No. JP16-10-001525 (Del.Gen.Sess. 5/21/2010), C.A. No. JP16-10-001525.

Decision Date21 May 2010
Docket NumberC.A. No. JP16-10-001525.
PartiesDelaware State Housing Authority, Plaintiff, v. Cassandra Brown, Defendant.
CourtCourt of General Sessions of Delaware

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Delaware State Housing Authority, Plaintiff,
v.
Cassandra Brown, Defendant.
C.A. No. JP16-10-001525.
Justice of the Peace Court No. 16 of the Delaware, Kent County.
Decided: May 21, 2010.

A trial de novo, in reference to a Landlord/Tenant Summary Possession suit, was held on May 20, 2010 between Delaware State Housing Authority and Cassandra Brown.

Plaintiff, Delaware State Housing Authority, appeared represented by Katrice Obidike, an agent on the current Form 50.

Defendant, Cassandra Brown, appeared pro se.


Trial De Novo

Judges James A. Murray, Ernst M. Arndt, and Michael P. Sherlock comprised the special court, pursuant to 25 Del. C. § 5717(a).1

History of Petition

Plaintiff filed a Landlord/Tenant Summary Possession petition with this court seeking $119.00 in back rent through the month of March 2010, accrued rent, late fees, court costs, and possession of the rental unit at #39 Mifflin Meadows Lane, Dover DE, 19901. Trial was held in Justice of the Peace Court 16 on May 5, 2010. The Plaintiff prevailed and judgment2 was entered against the Defendant. Thereafter, the Defendant filed a timely appeal and this matter was scheduled for a trial de novo.

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Plaintiffs Testimony

Plaintiff testified she sent a 5 day letter3 via certificate of mailing4 dated March 10, 2010 (Plaintiff's Exhibits 1 & 2). Plaintiff testified the Defendant had paid a total of $600.00 back rent between March 19th and March 22nd of 2010 which brought the balance owed by the Defendant to $119.00. Upon each payment, the Plaintiff personally served the Defendant a Reservation of Rights5 notice (Plaintiff's Exhibits 4 & 5) informing her they still reserved the right to file for summary possession and terminate the Rental Agreement.6 Plaintiff testified that paragraph 2 of the lease agreement states rent is due on the first day of each month.7 Plaintiff presented the Post Leasing Checklist8 signed by both parties.

Defendant's Testimony

The Defendant acknowledged she was indeed late with the March 2010 rent as she had to pay her utilities. She testified the initial lease she signed June 2006 only required her to pay $52.00 per month. The subsequent Fair Market Value Lease, signed in August 2009, required her to pay $685.00 monthly. Defendant presented an invoice9 sent to her by the Plaintiff charging $685.00 for May 2010 rent and late fees for April 2010 of $34.00, and unpaid balance of March 2010 rent of $85.00. She further provided to the Court copies of money order receipts10 showing the Defendant paid the $804.00 balance due between May 1st and May 4th of 2010. Defendant acknowledged owing the money and that these payments were late, but asked the Court for leniency in its decision.

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Analysis of Review & Discussion

Plaintiff presented the lease agreement and Post Leasing Checklist11...

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