Judge Joel R. Kullas

Lewis alleged Edward's monthly tenancy was terminated in this summary proceeding. Edwards failed to appear on the adjourn date and an inquest was held with judgment of possession entered in Lewis' favor. The same day, Edwards moved to vacate the default judgment and warrant, alleging he was late as his car was towed, and stated he had a lease in effect. The court denied the motion as Edwards failed to provide proof of his allegations. In this fourth pro se order to show cause (OSC) the court stated it would be treated as a motion to renew as Edwards' argument was based on evidence not presented at the prior OSC. He claimed his car was towed May 9, 2017 with court papers inside. Thus, he was unsure if his court date was May 15 or 17 and he arrived on May 15, but after the default time. Edwards attached a letter indicating the car was repossessed on May 9, hence, the court found he showed an excusable default. Also, evidence established Edwards was determined eligible for a renewal of his lease under the LINC V program, requiring Lewis to give Edwards a renewal lease on the same terms. As such, Edwards was not a month-to-month tenant and the notice of termination was defective. Vacatur of the default, and dismissal of the warrant and proceeding were granted.

Judge Joel R. Kullas