Spirit Property Management v. Vondell
2017 ND 158
| N.D. | 2017Background
- Longtime lot tenant Luetta Vondell owned a mobile home on a Williams County lot; after she developed dementia, daughter Barbara moved in and acted under a durable power of attorney.
- Barbara (acting for Luetta) signed a one-year lease commencing July 1, 2014; the tenancy became month-to-month after the term. Luetta died in September 2015.
- Spirit Property sued in March 2016 for eviction and unpaid lot rent; Barbara answered and defended the action.
- At the eviction hearing the district court found Barbara vacated the mobile home in November 2015 but the mobile home continued on the lot; the court found rent unpaid for October and November 2015.
- The court entered judgment for Spirit Property: possession awarded and $2,440 for unpaid rent and costs. Barbara appealed, arguing lack of subject-matter and personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction to hear eviction under N.D.C.C. ch. 47-32 | Spirit Property: statute authorizes district court to hear eviction and rent claims for holdover or nonpayment | Vondell: court lacked jurisdiction because she had vacated possession before suit was filed | Court: district court had subject-matter jurisdiction to hear the eviction action |
| Personal jurisdiction / service under N.D.C.C. § 47-32-02 | Spirit Property: complied with statute by attempting personal service, posting notice on the door, and mailing to last-known address | Vondell: posting and mailing were insufficient because Spirit Property knew she had vacated; service was not reasonably calculated to notify her | Court: service met § 47-32-02 requirements; personal jurisdiction was proper |
| Applicability of summary eviction limits to damages claim | Spirit Property: sought possession and permitted rent/profit damages under the statute | Vondell: challenged combining eviction and monetary recovery given alleged lack of possession | Court: summary eviction procedure allows recovery of rents and damages arising from possession as limited by statute |
| Adequacy of procedural diligence in service | Spirit Property: process server attempted service between required hours and posted when defendant could not be found; mailed copies to the mobile home address | Vondell: Spirit Property should have taken additional steps when it knew she no longer lived at the premises | Court: factual record showed required attempts and posting; finding not clearly erroneous and adequate diligence shown |
Key Cases Cited
- Gasic v. Bosworth, 845 N.W.2d 306 (N.D. 2014) (describing summary, expedited eviction procedures under ch. 47-32)
- Cheetah Props. 1, LLC v. Panther Pressure Testers, Inc., 879 N.W.2d 423 (N.D. 2016) (limitations on claims and damages in eviction proceedings)
- Nelson v. Johnson, 778 N.W.2d 773 (N.D. 2010) (service alternatives under § 47-32-02 and diligence requirement when defendant cannot be found)
- Albrecht v. Metro Area Ambulance, 580 N.W.2d 583 (N.D. 1998) (distinguishing subject-matter and personal jurisdiction)
- Mills v. City of Grand Forks, 813 N.W.2d 574 (N.D. 2012) (jurisdiction exists even if court’s decision may be right or wrong)