Celebrating 10 years! 2007-2017

Wrong address in eviction notice

Do any of you have a case cite or persuasive authority for a ibrslave05/30/17
Nope- it won't fly. The case law holds to the contrary- The bakertaylor05/30/17
They mail it to you and post it on the door. I don't think t fettywap05/30/17
There is an address requirement- the statute usually require bakertaylor05/30/17
My state statutes do not have an address requirement. I was fettywap05/30/17
The average LT court will not care that the notice had the w isthisit05/30/17
Not quite- the court is required to enforce the relevant not bakertaylor05/30/17
This is simply not going to be correct in many states and ma jorgedeclaro06/06/17
What kind of subsidy? Section 8? Typically they will bring a trollfeeder05/30/17
Funding is US Dept of Agriculture Rural Development. That's ibrslave05/30/17
Eviction is a civil matter, and most states have some kind o onehell06/06/17
In Texas, a typo in a citation (which is our state counterpa jeffm06/06/17
I have never been to Texas but people refuse to believe me w vohod06/06/17
Texas is extremely debtor-friendly. There is no garnish jeffm06/07/17
I wonder how people collect there. vohod06/07/17
They round up a posse and go collect. isthisit06/07/17
Yep. That's why I represented businesses with respect to bu jeffm06/07/17
Where I live, you can get a judgment for possession only as fettywap06/06/17
Thanks for the helpful responses. Unfortunately, no help i ibrslave06/07/17
What state are you in? isthisit06/07/17
ibrslave (May 30, 2017 - 1:01 pm)

Do any of you have a case cite or persuasive authority for a tenant defending eviction where the landlord used the wrong apartment number in its notice of termination of lease? It is federally subsidized housing. I would think there is caselaw on this but can't seem to find anything.

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bakertaylor (May 30, 2017 - 3:38 pm)

Nope- it won't fly. The case law holds to the contrary- The notice of eviction, where one is required by statute, is a form of civil process that is tantamount to the likes of a summons. If the notice is defective, the opposing party can argue inadequate service of process. Also, the notice is generally required to be served by someone whom is non-party to the case. (i.e. plaintiff CAN NOT serve his OWN eviction notice, or a summons and complaint- such service is defective under the rules of service of virtually every state.)

In these types of cases, the statutes usually require the notice of eviction issue so many days BEFORE the plaintiff is entitled to file a complaint as a matter of law, and require SPECIFIC information be contained in the notice. If the notice is held defective, the court will usually dismiss the complaint without prejudice, require the plaintiff to serve a proper eviction notice, and then re-file a complaint and summons with a new case number. The court has zero discretion in enforcing statutory law, either, unless a party can bring constitutional challenge to the statute.

Here we don't need case law so much as to quote and cite the relevant notice statute.

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fettywap (May 30, 2017 - 1:12 pm)

They mail it to you and post it on the door. I don't think there's an address requirement at all.

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bakertaylor (May 30, 2017 - 3:44 pm)

There is an address requirement- the statute usually requires the notice to contain specific information described in the notice statute. The court doesn't have any discretion in enforcing the notice statute to the T, either.

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fettywap (May 30, 2017 - 3:54 pm)

My state statutes do not have an address requirement. I was assuming his does not either since he's asking for case law. My state also allows the plaintiff to serve a notice to quit. I can't imagine where that's not allowed.

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isthisit (May 30, 2017 - 1:21 pm)

The average LT court will not care that the notice had the wrong apartment number so long as it was mailed to and/or posted on the right door with the right tenant's name.

I don't think you're going to beat eviction on that minute a technicality.

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bakertaylor (May 30, 2017 - 3:45 pm)

Not quite- the court is required to enforce the relevant notice statute to the T- if the statute says that the address is REQUIRED to be part of the notice, and the notice is defective, the court is generally required to strike the notice from the record as defective, and then to dismiss the case without prejudice. The enforcement of statutory provisions is not judicial discretion- rather it's mandatory court procedure the judge is required to follow.

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jorgedeclaro (Jun 6, 2017 - 12:38 am)

This is simply not going to be correct in many states and many courtrooms. You will obviously find tenant friendly jurisdictions that will take this route, but not all will. Correctly identified tenant with service to right location but a scriveners error in the address will be treated as substantial compliance by many a court.

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trollfeeder (May 30, 2017 - 1:23 pm)

What kind of subsidy? Section 8? Typically they will bring a proceeding to terminate the subsidy, and if that is successful, the eviction is a non starter, since there is no money to pay rent. Just claim that the complaint is facially insufficient, I doubt the judge will go for it.

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ibrslave (May 30, 2017 - 1:29 pm)

Funding is US Dept of Agriculture Rural Development. That's kind of what I was thinking but wondered if anyone had something that could be used as a Hail Mary. Thanks for the responses.

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onehell (Jun 6, 2017 - 3:39 pm)

Eviction is a civil matter, and most states have some kind of equivalent to federal rules of civil procedure, rule 1: everything is to be construed so as to do substantial justice and favor the resolution of cases on their actual merits, not technicalities.

In my state, the judge would probably just allow the complaint to be amended orally at the hearing. It would be just about impossible to argue that such a minor typographical error is so prejudicial to your case that it would be fatal. Merely by showing up to court to make such an argument, you've demonstrated that you were on notice of the claim.

The purpose of the summons and complaint, and of service of process, is to ensure that you have notice and an opportunity to be heard. Minor typographical errors like this do not deny such process.

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jeffm (Jun 6, 2017 - 5:12 pm)

In Texas, a typo in a citation (which is our state counterpart to a summons) is considered fatal to jurisdiction. Parol evidence is not allowed to show actual notice, etc.

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vohod (Jun 6, 2017 - 11:31 pm)

I have never been to Texas but people refuse to believe me when I say its a debtor friendly state. Garnishment is prohibited or regulated such that volume mills probably screw it up or violate the head of household wildcard. One of the best, if not the best, creditor's defense (FDCPA, FCRA defense, etc.) attorneys in the USA is in Texas

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jeffm (Jun 7, 2017 - 10:33 am)

Texas is extremely debtor-friendly.

There is no garnishment of wages except for child support and spousal support. Spousal support happens, but it is quite rare.

Homestead of unlimited value is exempt. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.41.htm

Most all the personal property you might ever own is exempt, including various retirement and college savings accounts:

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.42.htm

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vohod (Jun 7, 2017 - 10:53 am)

I wonder how people collect there.

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isthisit (Jun 7, 2017 - 11:27 am)

They round up a posse and go collect.

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jeffm (Jun 7, 2017 - 11:35 am)

Yep. That's why I represented businesses with respect to business/business transactions. It's much easier to collect from a business debtor.

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fettywap (Jun 6, 2017 - 5:31 pm)

Where I live, you can get a judgment for possession only as long as you posted notice at the premises and sent a copy in the mail. Nobody's ever going to pay the money judgment anyway, so most landlords are happy with possession.

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ibrslave (Jun 7, 2017 - 8:22 am)

Thanks for the helpful responses. Unfortunately, no help in the state statutes or the federal regs. But, there is another procedural/technical problem we found that will hopefully carry the day. Thanks again!

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isthisit (Jun 7, 2017 - 11:27 am)

What state are you in?

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