Landlord Anna Govia may have broken the law when she put her tenant's belongings out of the apartment, but he is equally at fault because he owes her $6,800 for rent, a Magistrate ruled yesterday.

And Senior Magistrate Will Francis warned the tenant Carlos Ottley that he must ensure that he settles his own lawful obligations to Mrs. Govia before the issue of damages can be properly assessed.

Mr. Francis then ruled that Ottley's former apartment on Old Maid's Lane be returned to Mrs. Govia immediately.

"I have tried to give you the benefit of every doubt because you are unrepresented,'' Mr. Francis told Mr. Ottley during the trial yesterday afternoon. "But there comes a time when both parties are limited in their ability to seek relief through the courts.

"If you haven't paid your rent since April you are not acting lawfully. She may not have been acting lawfully when she put you out.

"There are certain rules,'' he continued. "If you want people to do right by you, you have to show that you are ready, willing and able to do what is right.'' The seminal issue in the case turned on whether Mrs. Govia, who had rented Mr.

Ottley a three bedroom upper apartment in St. George's, acted lawfully when she removed his belongings from the apartment last Friday.

Mr. Ottley argued that he should be allowed to stay on the premises until the legal issues surrounding the case are settled in court.

He also claimed that Mrs. Govia had overcharged him when she asked for $1,700 for the apartment.

Her lawyer David Cooper said that Mrs. Govia was within her right to charge what she estimated was a fair price for the apartment and Mr. Ottley had agreed to comply with that amount when he signed the lease.