McKenna v. Mock, C. A. JP17-21-005044

CourtCourt of Justice of Peace Court of Delaware
Writing for the CourtWilliam P Wood, Justice of the Peace.
PartiesPATRICK MCKENNA Plaintiff Below, Appellee v. MIKE MOCK Defendant Below, Appellant
Decision Date14 January 2022
Docket NumberC. A. JP17-21-005044

PATRICK MCKENNA Plaintiff Below, Appellee

MIKE MOCK Defendant Below, Appellant

C. A. No. JP17-21-005044

State of Delaware, Justice of Peace, Sussex

January 14, 2022

Submitted: January 11, 2022



Richard Comly, Justice of the Peace

John Martin, Senior Justice of the Peace



William P Wood, Justice of the Peace.

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

This action was filed by Plaintiff (hereinafter McKenna) as a Forthwith Summons pursuant to 25 Del C §5115 averring that he had been locked out of his rental unit. The matter was decided in favor of Plaintiff; Defendant (hereinafter Mock) appealed and now the case is before a three judge panel (Judges Comly, Martin and Wood). The appeal is De Novo and the panel heard a new trial on January 11. The facts are mostly undisputed. Mock previously rented the unit involved in this matter to a tenant named Tony Pasta. McKenna was an occupant of the unit during Pasta's tenancy. Mock filed an action to evict Mr. Pasta on October 18, 2021. Judgment by Admission was entered against Mr. Pasta on October 29, 2021.

On October 30, 2021 Mock sent McKenna a text message that stated Pasta was going to be out of the unit and "Also, I am going to charge you 1, 700 per month, beginning with a 90 day agreement. We will see if it is going to stick, and if so, continue on a month to month basis." On November 2, 2021 Mock sent another text at 4:06 pm stating, in pertinent part, "You need to declare whether you are staying or going. If you don't answer I will assume you are leaving." At 5:53 pm on November 2, McKenna responded, "I'm staying." On November 3, Mock texted "That's good. You will need $1, 700 for a security deposit and around $800 rent for the balance of November. I need to know if Tony (Pasta) is moving his stuff or I will need to get the constable to move him out."

According to the text messages, McKenna paid the $800.00 for November on or before November 12. Mock also demanded, again via text, that the unit be cleaned up or there would be no agreement and he would sell the house. McKenna cleaned the unit out and Mock expressed his satisfaction on November 14. Mock had not received the security deposit nor December's rent as he had requested from McKenna so he allowed the Court's constables to proceed with changing the locks on the rental unit on December 1, 2021, constructively ousting...

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