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Both offers from the landlord, Izydor Wilchfort, came with the stipulation that the tenants must waive their right to sue him in the future–something the tenants say they shouldn’t be made to do. A letter sent to the tenants from the HCIDLA said that the tenants could be eligible for as much as $8,050 to $20,050 in relocation assistance. “Ms. Wilkerson did not pay the rent in response to the three-day-notice and was served a Summons and Complaint,” explains Elena Popp with the Eviction Defense Network. “Attached to the summons and complaint was a Prejudgment Claim of Right to Possession. No prejudgment claimants came forward because Ms. Wilkerson withheld the information. She agreed to give up possession in a Stipulation for Judgment. Because a prejudgment claim was served with the Summons and Complaint, even though Ms. Wilkerson never told any of the tenants about the service, there is no way for any of them to bring themselves into this litigation.” Popp sheds light on an old law that says landlords can evict everyone living in a home just by serving notice to one person–even if that one person doesn’t tell the others, as is the case with Wilkerson and her subtenants. “This is a defect in the law,” Popp continues. “It is a complete violation of due process. The history of it is complicated but yes, our State Legislature has seen it fit to pass a law that allows a landlord to collude with a master tenant to evict all of the tenants and subtenants without due process.
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