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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33253
Experience:  Began practicing law in 1992
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We have an agreed order, My husband and I have followed this

Customer Question

We have an agreed order, My husband and I have followed this agreed order to the letter. Our landlord was to give us a cashier's check today. But they have now refused. Because of our landlord behaviors after we had the agreed order the rent escrow court has agreed to reopen this case.
Submitted: 12 months ago.
Category: Legal
Expert:  Dwayne B. replied 12 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 12 months ago.
We have an agreed order, My husband and I have followed this agreed order to the letter. Our landlord was to give us a cashier's check today. But they have now refused. Because of our landlord behaviors after we had the agreed order the rent escrow court has agreed to reopen this case.
Customer: replied 12 months ago.
r u there?
Expert:  Dwayne B. replied 12 months ago.

Yes

Expert:  Dwayne B. replied 12 months ago.

What question did you have?

Customer: replied 12 months ago.
My landlord was to have a cashier's check today for my and my husband as per an agreed court order. They are now refusing to pay us.
Expert:  Dwayne B. replied 12 months ago.

I understand your facts. I just don't know what question you have for us.

Customer: replied 12 months ago.
Is my landlord in violation of an agreed court order when the court has order the landlord give us a check today and the landlord hasn"t?
Customer: replied 12 months ago.
refuses to pay us?
Customer: replied 12 months ago.
are you there?
Expert:  Dwayne B. replied 12 months ago.

Absolutely. That would make them in contempt of the court order, depending on exactly how it was phrased and if it was the result of an agreed court order, as you indicate, it would also make them in breach of contract. That would mean that if you choose to hire a lawyer then you can sue for the attorney's fees as well.

Yes, I will be here until your question is completed although I have to do research and assist others occasionally.

Customer: replied 12 months ago.
The landlord has cost us so much money. Can we ask the court for reimbursement of the losses as a result as his failure tp pay us and what else can we ask for?
Expert:  Dwayne B. replied 12 months ago.

If you bring a separate lawsuit for breach of contract then you can ask for damages but it's impossible to lost all of the potential damages available. If you want to tell me what damages you have I can tell you whether or not they would be recoverable.

You could also recover attorney's fees and costs no matter what your other damages are.

Customer: replied 12 months ago.
I have to borrow money to move, pay rent this month, loss time from work. I actually injured my foot and now in a boot as it tore open my foot.
Expert:  Dwayne B. replied 12 months ago.

Can you explain how the landlord's actions caused your foot to get hurt?

Customer: replied 12 months ago.
He kept locking us out, he were is such as rush to get out that climbing the steps and climbing ladder cause blisters on my left foot and as a diabetic is didn't realize I has a huge blister until it was torn open. How I am in a boot and having to perform treatments to get it to heal
Expert:  Dwayne B. replied 12 months ago.

That one is going to be difficult to place on him but it's possible. It won't be a part of the breach of contract case, you'd have to do a separate one for negligence or an intentional tort.

The rest of those you listed are possibles as well, depending on exactly what happened. If you want to pursue all of these then you probably want to go and visit with a local attorney.

Customer: replied 12 months ago.
Because of the landlord's behaviors, he forced us out. We had a two year contract. Since he is in contempt of the order can we ask that he pay us out for the reminder of the 2 year contact?
Expert:  Dwayne B. replied 12 months ago.

You're limited in what you can do in the contempt of court. You can ask for anything but you aren't likely to get anything that you didn't ask for in the original lawsuit that resulted in this agreed order.

Customer: replied 12 months ago.
thank you, ***** ***** go now
Expert:  Dwayne B. replied 12 months ago.

Best wishes.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.