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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54021
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I took my renters (there years - month to month lease) to

Customer Question

I took my renters (there for 3 years - month to month lease) to court for not paying their rent as agreed upon on the signed rental agreement. ( in Dakota county MN) the summons stated to bring their full months rent (July's) to court. We met in a room to see if an agreement could be reached. They were unable to pay full month rent that day. We agreed upon and they stated under oath to the judge that they agreed upon the following.
on day of court: 825.00 - 1st half July Rent
on day of court: 150.00 - 2 months of late fees
July 15th: 825.00 - 2nd half July Rent
July 31: 825.00 - 1st half of Aug rent
Aug 15th: 825.00 - 2nd half of Aug rent
the renters paid the correct amount on the day of court
july 16th they finally paid the 825.00
july 31st no payment -
aug 5th no payment went to county court for eviction.
question is... do I have a leg to stand on to take renters to court for the 2nd half of august rent, the court fees and sheriffs fees, since they swore under oath to the judge of their agreement.
lus 2 months of late feed (150,00) pay second half of July's rent on 7/15
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Yes, you absolutely have the right to go back to court for the unpaid rent. They are in default of your settlement agreement reached in court. This is a breach and gives you the right to pursue the full amount of the unpaid rent plus any additional damages you've suffered due not only to their default under their tenancy, but also because of their breach of your settlement agreement. You might also ask the court to find that they entered into this agreement in bad faith and to award you punitive damages in addition to your actual damages.
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