Senior Vet Fights Eviction

Leon is a senior military veteran receiving treatment for prostate cancer.  He lives in senior subsidized housing and was sued for eviction because of alleged lease violations.  Leon contacted BALS to fight the eviction action.  Leon advised BALS that in response to the landlord’s complaints, he had taken corrective action and was in compliance with his lease.  BALS filed an answer and affirmative defenses.  When the parties were deposed, the property manager resisted giving Leon a second chance.  She testified that even if she lost the eviction lawsuit, she would not renew Leon’s lease.  Despite the property manager’s attitude, Leon responded well to questioning and impressed the landlord’s attorney with his willingness to work with the property manager. 

While his case was pending, Leon made a single late payment into the court registry.  The landlord filed for an immediate default judgment.  BALS called the landlord’s attorney to assure him that the rent funds had been paid, and explained that Leon had been late in mailing the payment because he was having car trouble.  After the landlord received proof of payment, he agreed to set aside the default.   After further negotiations the landlord agreed to settle the case, so long as Leon paid attorney’s fees and costs, and acknowledged that he could be immediately evicted for any lease violation.  Leon rejected the offer.  BALS argued that the eviction complaint should never have been filed, and asked the landlord to file a voluntary dismissal.  The landlord eventually conceded.  Leon agreed to release the funds in the court registry to the landlord.  After eight months of determined perseverance, Leon’s case was dismissed.

Leave a Comment

Previous post:

Next post: