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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111550
Experience:  Attorney with over 24 years experience.
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In my case the tenant or plaintiff was issued a default

Customer Question

In my case the tenant or plaintiff was issued a default judgement because I the defendant did not show up in time giving the plaintiff to proceed to farm my land with a cancelled lease or not cancelled lease which because of the judgement gave the tenant the right to start cropping my land. Now the tenant has not farmed my land in a husbandry like manner by not showing up, calling me the owner, or putting a piece of equipment on the land in order to put in the winter crop. Therefore I hired someone to put the crop in and I want to fire the tenant for not showing up to consummate his lease agreement being in default of his gifted default judgement by the judge causing me the land lord the loss of income for not putting in the crop. The damage that was caused was the difference between a winter crop and a spring crop which I as the land lord cannot afford without going into possible bankruptcy which I believe is what the tenant wants. I have fired the tenant in writing and told the tenant not to represent my estate in any business dealings past, present or future. Did I do the right Thing?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the plaintiff received a judgment by default to crop your land and failed to do so, then you can file suit against the tenant for the loss he caused you by not putting in the crop. You would file a motion for an order to show cause for contempt of the court judgment, since the judgment was for him to plant the crops and he failed to do so and you can ask the court in that contempt motion for the damages you suffered. Your other option is you could also sue the tenant for breach of contract for failure to plant the crops and seek the damages against her you suffered.
You would need to have a local attorney representing you in this matter as the losses are significant here and this is not something that you want to deal with without an attorney because any small mistake in representation can cause you to lose your case.

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