Legal Topics

Landlord-tenant — Public housing — Eviction — Failure to deposit rent into court registry  

Apr 02nd, 2023 in by admin

Landlord-tenant — Public housing — Eviction — Failure to deposit rent into court registry — Tenant who was recipient of subsidy and whose rent was zero had no obligation to deposit rent into registry — Final judgment for removal of tenant which was based upon misrepresentations regarding tenant’s failure to deposit rent into court registry is vacated, and writ of possession quashed — Because eviction complaint was prematurely filed prior to expiration of 7-day notice period, complaint dismissed without leave to amend — Despite landlord’s claim that tenant voluntarily vacated premises after writ of possession was posted, landlord is ordered to restore possession of premises to tenant