Luskey v. BORGER MANAGEMENT INC.

Prior to this case, the landlord (Borger Management, Inc.) sued the tenant (Charles T. Luskey) for possession of the tenant’s apartment and for nonpayment of the March rent (plus late fee and court costs). Before the matter came to trial, the tenant paid the landlord in full. The court held the trial nonetheless, at which the tenant failed to appear. The court accepted the landlord’s evidence that the tenant’s nonpayment reflected a pattern of late payment amounting to a breach of the covenant in the lease “to pay rent in advance and when due.” The court therefore ordered a default judgment…