Ok the PM is wanting to negotiate with me. He is saying that if he can rent the property then I can be released of the lease and wont charge me any late fees or penalties. He just wants me to pay the $350 for his attorney fees, and wants me to stay in the property until he rents the house to somebody else.He filed to evict me for $35.00, and now since then has returned the money I paid him in rent in form of a check. I asked him I would agree to his terms in part because I just want to get out of the property, but I asked him to cancel the eviction proceedings and I would leave, pay him for the time I was there, and agree to let him show the house as many times as he wanted. I told him I would be out by the end of this month. However, he doesnt want to cancel the eviction proceedings with the court or let me go until he finds another renter. I have to file a response to the eviction by Monday. Should I take this deal? I mean was is the benefit of negotiating if he is still going through the eviction proceedings?
State/Country relating to question: Colorado
Hi David :)
It seems that your LL wants the best of everything. It's a good sign that he is negotiating, but now you need to get some better deal terms.
I think you have some pretty good defenses to the eviction, as we discussed yesterday.
Do you have any attorney friends?
Unfortunatley no, but I was considering hiring a lawyer I just didnt know if I should go through that expense if I am negotiating with him. Its like we are doing two things at once, and it doesnt make sense.
If you could play just a bit of hardball, I think you would get what you need.
For example, let's assume his eviction complaint is BS. You could potentially win attorney's fees and other damages in court.
That is right. I considered that too...its just going through the process sounds stressful and time consuming... He is able to cancel the court proceedings right? and then resume again later if he needs right? I mean I dont know why he wants to evict me if I want to leave!
Maybe you hint that you have spoken with a local attorney and you think you have some valid defenses as well as a potential counter claim.
Yes, at a minimum, he can agree not to pursue the eviction and not require you to file an answer.
He wouldn't have to drop the case. You and he could file a settlement agreement with the court
that way, you wouldn't have to file your response right now.
I did that. and he still insists he has a case. He claims he has been doing this for 15 years and he has won every one. I know he is just scaring me. If we file a settlement in court then I wouldnt have to respond?
That is correct
ok. So how would be go about filing this settlement? Is this something he does or me?
Let him do it. You just need to agree on the settlement terms.
and make sure you don't admit to anything in the settlement
So he would have to file this settlement before Monday (which is when I have to respond by)?
You should have an attorney look at it.
He can agree not to file a default against you on Monday and then the settlement can be filed when it is ready.
ok. and this agreement not to file a default against me can be just verbal? we communicate via e mail. I like the paper trail, he wanted to talk but I dont trust him
At least if you have an email stating that you are in settlement talks and he agrees not to default you and extend your time to file an answer, then you have something in writing in case he changes his mind.
that sounds a lot better. Because in reality I think that he is lying when he says he has hired an attorney because he would know all these things or at least offer them to me. In the end he is getting what he wants.
If he agrees to extend the time for me to file an answer, then he would file that with the court not me right?
Yeah, I was going to say that you should ask for proof of the fees paid to the atty.
You are right I had not thought of that.
Here's what I might ask for
sixty days notice to leave and terminate the lease. Full return of any security deposit. No atty fees.
That sounds great! I will do that. Well you have once again put my mind at ease with your infinite knowledge! I am going to propose that to him. And he for sure know that I talked to an attorney because what I am offering actually makes sense!
So, your settlement agreement would have a lease end date of 8/31.
Full return of your deposit on 8/31
full release from the lease
eviction case dismissed on 8/31 or before
no further action in the eviction case
unless you fail to pay your rent on 8/1
he accepts your current rent due (including the $35), and you are even.
that's a great settlement and fair to both sides
lol! I like the last part for the $35.00 :) That sounds fair to me too. Thank you very much once again for helping me. Have a great night and a blessed rest of the week :)
Let me know how it turns out. Take your time getting this done. Dont rush into anything
thank you very much. I will keep you posted :) God Bless :)
Attorney licensed in multiple jurisdictions.
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