Judge Susan Avery
Owners commenced these 12 summary nonpayment actions seeking possession of the various residential premises on allegations each tenant failed to pay rent following an oral demand for rental arrears. Landlords moved for a default judgment and a warrant of eviction arguing tenants failed to appear or answer the petition. The court noted, however, that it was troubled that there was nothing in any of the 12 petitions detailing the specifics of any of the claimed oral demands. Further, it noted all 12 affidavits of military status submitted for 19 named tenants read almost identically, sworn to by the same person, and notarized by the same person. The court was concerned how one individual allegedly personally conducted an investigation with 19 different respondents, with 18 of them on the same day, concluding that each respondent was not in active military service or dependent on someone in active military duty, while the process server’s affidavit noted he could not locate and personally serve any one of the 19 respondents over a period of two days. It ruled further inquiry was required as to the veracity of the statements made in the subject documents, holding the instant motions in abeyance pending the outcome of a hearing.
