In eviction cases, courts may issue judgment orders that allow tenants to pay rent incrementally through scheduled payments (such as $1,500 every 10 days) rather than requiring immediate full payment, provided the tenant meets each payment deadline; failure to make any scheduled payment results in the landlord receiving the full rent amount and the tenant facing eviction.
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Tenant Withholds Rent Because Landlord Didn't Buy Her GroceriesAdded:
Hello.
What's your name?
>> Sylvia Amory Brewer.
>> All right. Where are we on this?
>> Uh Your Honor, the plaintiff is still showing a balance of $5,692 in rent due.
And that is inclusive of court costs, service fees.
Uh We figured out the preliminary hearing.
This is our second hearing.
Uh it's my understanding that the defendant's right to opt was declined.
>> All right.
>> It was declined because the amount in controversy was too high.
>> So you need >> Um at this point, we are requesting that the court enter a judgment uh in the amount of $5,692 to be paid out of the court to you, ma'am.
>> Ma'am, what do you have to say?
>> Um Thank you, Your Honor. Yes, um this is my second time standing before you.
>> Sure.
>> This is my second time standing before you, and the gentleman called my name and asked me to with them.
And I asked him, "Would they be willing" Originally, I'd asked the other attorney that was here in my first hearing if they would give me till the end of June.
I thought I would have it um by today, but I do not have it by today. I did pay something what I could today. I just went and I looked at my balance.
And I almost paid a fourth of it today of the balance that's in my bank.
It's a little bit, but >> Hold on.
>> They can give >> Hold on. Hold on. Hold on.
>> Yes, sir.
>> All right. Just All right. Uh >> Thank you.
>> You're talking real fast to me, and I'm just trying to keep up with you, and I kept up with you to a certain point, but then so went to the pay some >> I paid a little bit today, and can you show the judge this? I don't know if this is going to help me or not. I paid a little bit today, and this I had prepared to pay on the 8th.
Um I I was going to escrow that, and then something came up.
I have a child that lives in the same apartment building as me.
She was supposed to be here today, and you gave She applied for an extension.
So, I didn't end up paying that. I had every intention of having a thousand more on today, but I I didn't do it.
>> Totally.
>> So, I will have more um I got sick, and I got >> holistic >> I got sick and had 8 days off work.
>> Sure does.
>> And so, I didn't I just went back They I went to the doctor, >> Okay.
>> and I was 8 days off work. I apologize.
I had that prepared to pay, I have it.
So, I'm just asking, can I have more time?
Yes, sir.
>> You called them to see if you could work out I mean What's your monthly rent?
>> It's 1574.
They gave me two different leases. The at first >> That's okay.
>> 74, then they said 68.
>> All right, that's right.
But it's around 15, 1600, right?
>> Yes.
>> Okay.
So, here's what I'm trying to figure out.
>> Okay.
>> You have $5,692.
But then come Monday, I'm tacking basically 1600 onto that. I'm going to be at about what? 63, 7300.
>> Right.
Because I had two incomes, so that's why >> Hold on.
>> I was hoping >> I know, and and I I get what may have happened in the past.
>> It's >> But what I'm trying to figure out is >> I >> How do you see yourself getting out of this?
>> Um working. I have a monthly income, and then on top of that I have another income coming in. It just with me being behind, I have a doctor's note that I was taken off work, and I have medical >> Okay. I >> And because I work with food, they took off work.
I know I can >> I >> five of it.
>> I'm not Okay.
Take a breath.
>> Okay.
>> I get that things may have happened. You got behind.
>> Yes, sir.
>> That's where we are right now.
Okay?
What I'm asking is how do you envision yourself getting out of this?
>> Well, one of my jobs is um working for myself, and it's lucrative. It just I just needed to get better, and I needed to rent a car, so that's what I did. Um And then the other income is monthly. It comes in on a on a regular, so I just needed more time. He's being honest with me. He didn't think that Haverhill would agree to that, but if he could if if I'm beseeching the court because um I got behind the first time when my wallet was stolen and I explained that to you. And then my refrigerator went out, so I had to replace and Haverhill told me they were going to replace my groceries the three times my refrigerator went out, but they didn't. So, I had to take some of the money that was supposed >> Ma'am, ma'am.
>> So, I'm just asking >> Ma'am.
>> for more time.
>> up with $5,692.
How much time would take you to come up with?
>> No matter what I say, you really want the truth?
>> I Ma'am, I asked the question.
>> I asked them to the end of June.
But it let's be real. That's going to give me till till July, the middle July. I'll have it.
All of it.
And I can continue pay the court like you gave me permission last time to escrow my rent because of all of the things. There's still things that are not fixed.
They text me and said some things are fixed, some things aren't still fixed.
The closet doors still broken. They're not even in there.
My [clears throat] refrigerator is still out right now. And my stove.
So, that's why you gave me permission to escrow my rent.
>> But I don't have a I don't have the rent.
>> I'm I'm paying on it.
And you give me a little time so I can prove that to the court.
>> Well, I'm that's what I'm trying to ask I don't know and I tried to ask you different ways. I don't understand what your plan is.
>> I have >> I mean, I may do something they don't want me to do, but I don't even have a plan I don't even have a framework.
>> Well, if I can get it if once I get it below a amount, if the money is not depleted from Hawk, they will help me with the last remaining $3,000.
So, that's more reasonable. That's more realistic.
Because it's there for us.
>> How much do you have today?
>> I >> put down.
>> Not even a thousand, not even 500.
I put a little bit down a few moments ago, but the money that I have now in the bank, I need to rent this weekly rent for the vehicle.
And I don't have it now, but I have to re-rent it next week on Wednesday.
So, that I can make more money and get to my other jobs. So, once I get it below rent once I get it to 3,000, Hawk will pay that amount.
>> They won't.
>> So, Hawk >> No.
>> You don't believe that they will?
That's what they tell me. They keep telling me.
>> They They That's [clears throat] their minimum amount that you have to be at for them to consider it.
I can tell you right now, at least based upon the last report I have, that they're they're out of funds.
I don't know what they're going to get.
>> They're helping the lady next to me next to me.
>> All right, ma'am. That's what you want, I believe. When are you going to When are you going to be able to get it down to 3,000?
Cuz that means you got to come up with about $2,700.
>> I can have that by the end of June, cuz I get paid from one job every >> I can't have the landlord wait till the >> Can we request it?
>> Just listen. This Just think about this.
The math doesn't work.
If I tell you If I give you a give them a judgment saying, "Okay, I'll give her till the end of June to get that 2,700 paid." They still have 3,000 plus June's rent going into July.
So, then July's rent will be up.
>> Well, every 2 weeks I get about 1,500 just from just from grinding.
>> Have you sat down >> [clears throat] >> and figured out a plan for how you could get this paid?
>> Yes.
>> Can you tell me what that plan is?
>> Okay. So, since I get paid on a daily basis from one job, I can bring that to the court and I requested at >> And that's not a plan.
>> I can >> to know how much can you pay?
>> I can bring a cashier's check in the amount of $1,500.
>> When?
>> Well, since they won't give me till the end of June, will they give me till June 28th or can they give me till uh June 27th, 26th?
>> For $1,500?
>> No.
No, I get paid like I can cash out one job every day, every other day. I can bring you $1,500 in 10 days. Give me 10 days, I'll bring you 1,500. And in another 10 days, I'll bring you another 1,500. I also have a monthly income that I get, which is a little bit over 1,000.
Because I have a disability. So, I'm on disability and I get that on a regular.
I just asked till the end of June >> to pay everything up.
>> Yes. And then if Hawk does not deplete by the time I get it down to 3,000, I will bring you proof that Hawk has approved of me.
Once I get it down to 3,000, I will come back. And I would just leave it with the the receptionist ladies.
And I would bring you the ledger.
I requested a rent ledger and the the attorney was kind to share it with me because my apartment complex refused to give me a copy of mine, but you have it in front of you, but I asked because that's what Hawk is requesting.
So he showed it to me.
>> [clears throat] >> So every 10 days I'll check in with the court and I'll drop that 15 1,500 every 10 days. So in 20 days I should have 3,000 to you.
Is that Is that a good enough plan because I have been trying if I hadn't been off work I would have I would have had more money and more time.
Every 10 days I'll bring it in. Maybe I'll bring it every 7 days. I'll bring you some money and I'll have it um to the 15th uh what is it 14th District A for my rent to be escrowed with you.
Don't say that every 10 days I change it I bring it every 7 days I'll bring you a check down here to escrow my rent and then buy me some time hopefully.
Oh, the other thing they asked me to ask will you take a cashier's check because they said they couldn't receive it.
>> You need to pay it to the landlord cuz here's what I'm going to do. I'm going to find no trouble issue. I'm going to issue a judgment for possession.
Total amount of that rent will be 56 92.
With a writ to issue if however the defendant pays $1,500 to the landlord on the 8th I'll extend the writ to the 18th.
>> Okay.
>> If the writ is if 1,500 is paid to the landlord on the 15th or on the 18th, then the writ will have to be 29th.
>> Okay, can you say those dates again?
>> 8th, >> Uh-huh.
>> 18th and 29th.
>> Okay, 1500 >> Better pay 1500, 1500 and then the balance of this judgment by the 29th.
>> 1500 each time and instead of doing it here, I'll pay it directly to my landlord.
>> Right to the landlord.
>> Thank you.
>> So, so your honor, just so I'm clear, 1500, 1500 then the balance.
>> The balance of this.
>> So, she >> Now, ma'am, do you need to understand that doesn't include this this judgment I'm issuing doesn't include your June rent.
>> Right.
>> Still going to owe your June rent.
>> Yes, sir.
>> But I'm going to give it to uh >> No.
>> Put it that way. Thank you.
>> So, until the 29th, right?
>> Well, you've got to make No, listen. So that you under >> The balance.
>> make these incremental payments.
>> Yes.
>> So, if you don't pay them, so that I'm real clear, if you you've got to pay that 1500 on the 8th. You don't pay them on the 8th, that they get their rent.
>> They're going to get their money.
>> Okay, but I need you to understand what I'm saying.
>> I do.
>> So, on the 15th, you need to pay a or 1500. On the 8th, you need to pay 1500.
On the 18th, you need to pay 1500 and by the 29th, you need to pay the entire balance.
>> Yes.
>> Any of those payments are missed, they get their rent, you're evicted.
>> It won't >> Am I clear?
>> You are very crystal clear.
>> Have a great day.
>> So much. I appreciate >> Have a great day.
>> Thank you.
>> I promise you my last one of the evening.
What'd you say?
>> [laughter] >> I promise you my last one of the evening.
>> Mhm.
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