Paregol v. Smith

HOOD, Associate Judge.

Appellant landlord sued appellee tenant for possession of' the leased premises on the ground of nonpayment of rent. The *577complaint did not make claim for a money judgment for rent in arrears, but merely asked judgment for possession. Personal service on the tenant was not made and service was effected by posting a copy of the summons and complaint on the premises. On the return day the tenant appeared in court without counsel and apparently admitted nonpayment of the rent. Thereupon the landlord asked and obtained permission to amend the complaint to include a claim for a…