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Judge denies InTown Suites' motion to compel rent; dispossessory denied after alternative cure practice

3225220 · May 8, 2025
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Summary

In a dispossessory and motion-to-compel hearing, the court found InTown Suites had repeatedly accepted late payments and cure attempts and denied the hotel's motion to compel payment into the registry and to evict a long-term guest, ruling in favor of the defendant.

On May 7, 2025, Judge Tammy Long Hayward heard argument in InTown Suites Management Inc. v. Marilyn Gohburn (also recorded under similar name variants in the transcript), a dispossessory matter in which the extended-stay operator sought an order compelling weekly payments into the court registry and return of possession.

Counsel for InTown Suites, who identified the property's folio and lease as exhibits, said the defendant switched from a weekly to a daily (stayover) rate and had multiple late payments on Jan. 30, Jan. 31, Feb. 1 and Feb. 3. Company counsel calculated the daily stay-over rate at $69.30, a weekly equivalent of $485.10, and sought about $6,791.40 in arrears through the hearing date; the company asked the court to require…

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