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LemmaLegalConsulting / docassemble-MOHUDEvictionProject

DIY Form tools for MOTenantHelp including Eviction Defense Document Engine (EDDE)
https://motenanthelp.org
MIT License
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On `id: tender refused logic` consider significance of date re `defense_tender_refused` #526

Open miabonardi opened 7 months ago

miabonardi commented 7 months ago

From @tobyfey with quote from website: I was probably thinking that this isn't a good defense if the landlord refuses a late tender or a tender after an eviction is filed. I think the tender has be before filing. Here's a plain english explanation -

Landlord refused payment before the lawsuit was filed: For example, you presented the landlord the full amount of money you owed prior to the lawsuit but the landlord refused to accept the money. You should ask the judge to dismiss the case because you offered to pay the landlord the money you owed and the landlord refused to accept the money. You will need proof such as a letter from the landlord refusing to accept the money, a written check or money order or a witness to the landlord’s refusal. If you have no proof, you can offer to pay the amount claimed plus court costs in front of the judge. Make sure you have a certified check, money order or cash for the full amount with you. Full payment of rent owed plus court costs is your best defense.

Consider:

  1. Should we add date logic?
  2. What further questions of law should we ask for MO-specific?
  3. How does this interact with pay and stay? If the tenant is saying they offered to pay LL in full after filing and LL refused, it might be best at this moment to direct to information on pay and stay.
tobyfey commented 7 months ago

Just to be clear, it seems like we should condition this defense on whether the payment was made before the filing of the eviction and direct to pay and stay if they said they made a payment after the filing date.

tobyfey commented 2 months ago

I will add in pay and stay instructions if selected.