Phoenix V. Porter

In: Other Topics

Submitted By HMPlummer
Words 1986
Pages 8
Memorandum
TO: George Randall

FROM: Applicant

RE: Phoenix Towers v. Porter

DATE: 1/23/2014
________________________________________________________________

Question Presented

The Porters have sought representation regarding eviction from their current residence due to the birth of their baby. They would like to know what their options are; they do not necessarily want to move from their current location, they like the community, they have been there for 10 years. Additionally, they have been looking for a place that is within their budget and have not been successful. An additional concern to them is the cost associated with this matter.

You have asked that I research and analyze the Porters’ options and consequences of each option. Specifically:

1) Defense of an unlawful detainer action against the Porters for eviction based on their alleged violation of a lease term

2) Filing of a State Action for discrimination against Phoenix Towers

3) Filing of an Administrative Complaint based on the discriminatory actions of Phoenix Towers

This memorandum addresses these issues below.

In the jurisdiction of Columbia, mandatory authority exists through the Supreme Court of Columbia cases as well as binding/persuasive Columbia Court of Appeals decisions.

Discussion

I. Defense of an Unlawful Detainer Action

One of the concerns of the Porters is their ability to remain in their home right now as they have not been able to locate any other apartments that are within their budget. An unlawful detainer action is typically used to determine the right of possession of real property. This process is expedited often taking only a month or two.

A. Does the Porters having a Baby put them in a position of breach?

Unlawful detainer actions often…...

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