Eastcoast Woodacres LLC v. Marieno
| Decision Date | 06 April 2020 |
| Docket Number | C.A. No. JP13-19-012094 |
| Parties | EASTCOAST WOODACRES LLC Plaintiff Below, Appellee v. DONNA MARIENO SHANELL MARIENO MARIA SILVA Defendant Below, Appellant |
| Court | Court of Justice of Peace Court of Delaware |
Sean McCormick Deputy Chief Magistrate
In the above-captioned matter, Plaintiff Eastcoast Woodacres LLC brought a summary possession action against Defendants Donna Marieno, Shanell Marieno and Maria Silva based upon a claim of Defendants' failure to pay rent pursuant to 25 Del. C. §5502. The Court below conducted a trial on January 14, 2020. At the time of trial, Plaintiff appeared as well as Defendant Donna Marieno. Defendants Shanell Marieno and Maria Silva failed to appear.
On January 21, 2020, the Court below entered an Order finding in favor of Plaintiff for possession, as well as rent due and owing. Defendant Donna Marieno appealed the decision to a three-judge panel.
Defendants Shanell Marieno and Maria Silva did not appear for the original court hearing, thus default judgments were entered against them. Defendant Shanell Marieno filed a Motion to Vacate the Default on January 30, 3020.
On February 21, 2020, a three-judge panel consisting of Deputy Chief Magistrate Sean McCormick, Justice of the Peace Thomas Brown, and Justice of the Peace Susan Ufberg ("the Panel") was convened to hear the trial de novo in the above-captioned matter. Plaintiff was represented by Form 50 Agent Lori Samuels. Defendants Donna Marieno and Shanell Marieno appeared pro se. Defendant Maria Silva did not appear.
Plaintiff seeks a judgment against Defendants of $942.32 consisting of rent, late fees, and a trash fee as well as per diem rent of $63.39 per day. Plaintiff also seeks Possession of the unit.
The Court shall now consolidate both the Appeal and the Motion filed to serve the interest of Judicial economy. Judicial economy refers to efficiency in the operation of the courts and the judicial system. It is the efficient management of litigation so as to minimize duplication of effort. It also avoids wasting the judiciary's time and resources. For example, a court may consolidate two cases for trial to save the court and parties from having two trials.
In the matter presently before the panel, both the Appeal and the Motion involve the same set of facts, the same parties and same issues in dispute. Rather than further delay the d final resolution of the matters in controversy and to avoid further prejudice to the litigants, the Court shall consider all issues involved in one proceeding.
Defendants rented a residential unit located at 907-01 Cedartree Lane, in Claymont, Delaware pursuant to a written lease agreement commencing in 2018 at an initial rate of at a rate of $1210 per month. Defendants were also responsible for a trash collection fee of $5.00 per month. The initial rent was increased to its current level of $1266.00 in June 2019. Throughout the course of the rental term, Defendants regularly fell behind in rent and incurred late fees of 5% of the rent due in accordance with the lease terms.
On September 11, 2019, Plaintiff sent individual notice letters to each of the Defendants alerting them that a portion of rent remained due for August 2019 as well as September 2019. The notice letters contained wording advising the Defendants that unless they made full payment within the five-day period prescribed by law, the Plaintiff would terminate the lease and proceed to Justice of the Peace Court for summary possession. Defendants failed to make full payment within the five-day period.
Defendants alleged that the instant action was retaliatory and discriminatory. Defendants failed to present any evidence to substantiate these claims.
All landlord-tenant matters in Delaware are governed by the Delaware Landlord Tenant Code. See, 25 Del. C. §5101.
The Code very specifically outlines a landlord's remedies where a tenant fails to pay rent, as follows in pertinent part:
§ 5502. Landlord remedies for failure to pay rent. (a) A landlord or the landlord's agent may, any time after rent is due, including the time period between the date the rent is due and the date under this Code when late fees may be imposed, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 5 days after the date notice was given or sent, the rental agreement shall be terminated. If the tenant remains in default, the landlord may thereafter bring an action for summary possession of the dwelling unit or any other proper proceeding, action or suit for possession. (b) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past-due rent and has notified the tenant of the landlord's intention to bring such an action. This action may include late charges, which have accrued as additional rent. (c) If a tenant pays all rent due before the landlord has initiated an action against the tenant and the landlord accepts such payment without a written reservation of rights, the landlord may not then initiate an action for summary possession or for failure to pay rent. (d) If a tenant pays all rent due after the landlord has initiatedan action for nonpayment or late payment of rent against the tenant and the landlord accepts such payment without a written reservation of rights, then the landlord may not maintain that action for past due rent.
Thus, where a tenant is delinquent, prior to filing a Summary Possession action, the landlord must send a notice letter, commonly referred to as...
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