Dove Rd. LLC v. Clemmons

• Decision Date: 26 May 2021
• Docket Number: C.A. No. JP17-21-000232
• Parties: DOVE ROAD LLC Plaintiff Below, Appellee v. THOMAS CLEMMONS Defendant Below, Appellant
• Court: Court of Justice of Peace Court of Delaware

DOVE ROAD LLC Plaintiff Below, Appellee
v.
THOMAS CLEMMONS Defendant Below, Appellant

C.A. No. JP17-21-000232

JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY COURT NO. 17

Submitted: May 24, 2021
May 26, 2021

TRIAL DE NOVO

APPEARANCES:
Drew Ward appeared for Plaintiff pursuant to Supreme Court Rule 57
Thomas Clemmons appeared pro se

Richard Comly, Justice of the Peace
William Wood, Justice of the Peace
John Matrin, Senior Justice of the Peace

Page 2

ORDER ON TRIAL DE NOVO

The Court has entered a judgment or order in the following form:

Plaintiff seeks back rent and possession of its rental property for the non-payment of rent and continued rules violations. Defendant acknowledges owing back rent, but claims he has the monies due and that Plaintiff has often allowed payment after court dates in the past. Defendant does dispute the rules violation averring that he received a notice in 2016 and has had conversations with Plaintiff about parking issues, but did not believe that he would be evicted for his failure to cure. Having heard the testimony and considered the evidence submitted during trial, the Panel finds that Plaintiff is entitled to judgment based on non-payment of rent. The Panel also finds that Plaintiff's case for possession based upon rules violations is not sustainable in this action as the statutorily required notice affording Defendant an opportunity to cure is over five years old and therefore stale. In other words, if Plaintiff wishes to pursue a summary possession action for rules violations, a more current notice is required, particularly when the Defendant raises it as an issue.

Plaintiff proved and Defendant acknowledged that $3,200.00 in back rent is due through the end of May 2021. Plaintiff acknowledged that if Defendant paid back rent due, it would forego the possession matter as it pertains to rent. Accordingly, judgment is awarded Dove Road against Thomas Clemmons for $3,133.25, accruing rent at $13.33 per day, $57.50 court costs and possession. However, pursuant to 25 Del C §5716, the Panel finds that a good faith dispute exists and the judgment is stayed. If Defendant pays $3,657.50 (includes rent through the end of June) on or before June 6, 2021, Plaintiff shall notify the Court and the action will be deemed satisfied. Upon affidavit by Plaintiff that Defendant has failed to pay as herein prescribed, Plaintiff may have the stay lifted and obtain a writ of possession between June 7, 2021 and no...