Terlemazian v. Truitt, C. A. JP17-20-004160

CourtCourt of Justice of Peace Court of Delaware
Writing for the CourtJOHN C. MARTIN SENIOR JUSTICE
PartiesVAN GABRIEL TERLEMAZIAN Plaintiff Below, Appellee v. ROUENA KONKIEL SHANNON TRUITT Defendant Below, Appellant
Decision Date12 November 2021
Docket NumberC. A. JP17-20-004160

VAN GABRIEL TERLEMAZIAN Plaintiff Below, Appellee
v.

ROUENA KONKIEL SHANNON TRUITT Defendant Below, Appellant

C. A. No. JP17-20-004160

State of Delaware, Justice of Peace, Sussex

November 12, 2021


Submitted: October 29, 2021

Paul G. Enterline, Esquire, represented the plaintiff.

Emery Adbei-Latif, Esquire, represented the defendants.

Richard D. Comly, Jr., Justice of the Peace

Jennifer Sammons, Justice of the Peace

John C. Martin, Senior Justice of the Peace

1

ORDER ON TRIAL DE NOVO

JOHN C. MARTIN SENIOR JUSTICE

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

HISTORY

On October 23, 2020, the initial plaintiffs filed this action seeking possession of the property located at 18916 Shingle Point Road, Georgetown, Delaware for denying the plaintiffs' access to the rental for the purpose of inspecting the property. On February 23, 2021 the Plaintiff filed a Motion to amend the complaint to add the grounds that the lease had expired due to two sixty-day notices of non-renewal of the lease given in October 2020. This Motion was granted. On October 24, 2021 Theresa Terlemazian was withdrawn as a plaintiff.

On May 11, 2021 the defendants filed a counterclaim. On August 5, 2021 a hearing was held in the case. The plaintiff moved to seek summary judgment on the issue of possession only and this was granted. The issue of monetary damages was to be scheduled for a later date.

On August 11, 2021 the defendants filed a timely appeal of this judgment pursuant to Section 5717 of Delaware's Land lord-Tenant Code (Code). On August 12, 2021 the defendants filed a Motion for a new trial by the original Court and this was denied. This is the decision of the Three Judge Panel hearing the appeal as a Trial De Novo.

DISCUSSION

The plaintiffs claim on the issue of possession is straightforward. In 2015 Rouena. Konkiel entered into a one-year lease with the plaintiff. After the initial term of the lease expired, the lease term became month to month by operation of law, that is, Section 5108 of the Code. Shannon Truitt has also claimed rights as a tenant but the plaintiff has questioned this status.

On October 7, 2020 the plaintiff sent both defendants a letter giving them a 60 day notice to vacate the property and stating that the house was listed for sale with a realtor. On October 14, 2020 the plaintiffs Counsel sent both defendants a letter confirming the previous letter sent by the plaintiff and...

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