Bowers v. Thomas

Philip J. Corson

Case Conclusion Date:March 19, 2007

Practice Area:Landlord & Tenant

Outcome:Judgment for Client Affirmed

Description:Residential landlord brought an ejectment action against tenant and sought to terminate lease agreement, following tenant's nonpayment of rent. A letter that landlord mailed to tenant in July, which specified that any subsequent nonpayment of rent would result in eviction, gave proper notice of non-compliance with the parties' lease agreement as required by statute, such that landlord was legally justified in terminating tenant's lease upon tenant's subsequent nonpayment of rent in August. Tenant failed to preserve for appellate review his contention that the circuit court erred in denying his request for a jury trial, where tenant never objected to magistrate's ruling concerning a jury trial, and failed to immediately appeal his denial of a jury trial. Tenant was not entitled to a jury trial, where tenant's written request for a jury trial was submitted to magistrate only four days prior to trial.