Payne v. Bernstein

Appellant (hereinafter Tenant) failed to make timely payment of his rent for April 1982. On April 10,1982, the landlord-appel-lee filed a suit for possession demanding rent; late fees and court costs. On April 20, 1982, tenant tendered to his landlord full payment of the rent and late charges, but did not tender $11.00 in court costs.

On April 27,1982, the landlord was granted a default judgment for possession because the tenant had failed to appear. This default judgment was set aside after motion of the tenant when the tenant explained that his failure to appear was based upon his…