Delaware State Housing Authority v. Mcdowel, No: JP16-09-003606 (Del.Gen.Sess. 8/27/2009), Civil Action No: JP16-09-003606

• Decision Date: 27 August 2009
• Docket Number: Civil Action No: JP16-09-003606
• Parties: DELAWARE STATE HOUSING AUTHORITY v. KELVIN MCDOWEL
• Court: Court of General Sessions of Delaware

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DELAWARE STATE HOUSING AUTHORITY v. KELVIN MCDOWEL

Civil Action No: JP16-09-003606

In the Justice of the Peace Court of the State of Delaware, In and For Kent County, Court No. 16.

August 27, 2009

ORDER

A trial de novo, in reference to a Landlord/Tenant Summary Possession suit, was held on August 24, 2009 between Delaware State Housing Authority and Kelvin P. McDowell.

Plaintiff, Delaware State Housing Authority, was represented by Jeffrey Clark, Esquire. Defendant, Kelvin P. McDowell, appeared pro se.

Judges Agnes E. Pennella, Dwight D. Dillard, and Michael P. Sherlock comprised the special court, pursuant to 25 Del. C. § 5717(a).¹

At issue is the Plaintiffs claim that the Defendant owes the Plaintiff $2327.00 in back rent through the month of July as well as a per diem rate effective August 1, 2009 of $17.37. Plaintiff testified the Defendant was delinquent in paying rent 3 times within a 12 month period, thus allowing the Plaintiff to terminate the Rental Agreement (Plaintiffs exhibit # 1).² The agreement states rent is due on or before the first business day of each month, but since the rent is to be mailed to an out-of-state address, an additional grace period of 3 days³ is to be observed. According to the lease, Section 14(a)(3), Procedures for Termination of Lease:

"Management shall not terminate or refuse to renew this lease other than for good cause or for other serious or repeated violations of material terms of the lease, including but not limited to...(3) the making of three (3) late payments during any twelve (12) month period."

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The Plaintiff testified the November 2008 rent was due on November 1,2008, late after the 6^th, and received on the 14^th. The December 2008 rent was due on December 1 2008, late after the 5^th, and received on the 22^nd. The March 2009 rent was due March 2, 2009, late after the 6^th, and received on thell^th.

The Defendant testified that he was indeed late with the November 2008 and December 2008 rent, but argued the Plaintiffs assertion the March 2009 rent was late. Defense Exhibit #1 was a money order receipt, dated March 6, 2009. Defendant claimed that since he bought said money order on the 6^th and mailed it out on the 6^th, his rent should not be considered late. Defendant stated, "I believe that as soon as I buy the money order, rent is paid".

Based off the aforementioned, this special court finds in favor of the Plaintiff. Plaintiff presented a copy of the rental agreement stating that rent is due on or before the first day of each month AND that three (3) such instances of late payments shall result in the termination of said lease. Plaintiff presented testimony that there were three material violations of the late payment section of...