Case Characteristics and Defendant Tenant Default in a Housing Court

Abstract

Although frequently cited as an important influence on case outcomes, defendant default in lower courts is not sufficiently studied as an outcome in its own right. In this article, I develop theoretical propositions and hypotheses concerning the impact of case characteristics on tenant defendant default and examine these hypotheses in light of data on 677 cases in a housing court. I find that allegations that are easier to dispute (those concerning a breach of lease, rather than nonpayment of rent) and higher monthly rent levels are associated with lower levels of default. Additionally, tenant default rates are highest in areas with the highest concentration of poverty. These findings reveal the importance of considering case characteristics in studies of legal participation and as a basis for organizational reform.