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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6854
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I was recently forced into signing a stipulation that I did

Customer Question

I was recently forced into signing a stipulation that I did not want to sign. However, the stipulation states that "the judgement shall enter for the plaintiff (my landlord) for possession", (and that I agreed to drop my claim with the Human Rights Commission
and that "the plaintiff would waive all rights to any back rent owed;" that once all the conditions have been met, the case will be dismissed." My question(s): 1. I discussed a move out date with the plaintiff's attorney, but there is no move out date on the
stipulation. When am I basically court ordered to vacate? (I need a bit more time and am perfectly willing to pay the rent while I am still here). 2. What is my recourse if the LL calls a marshall to throw me out when there is no written date?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

That should have been covered in the stipulation. You need to ask the attorney to add the agreed possession date and sign a corrected stipulation. If he refuses to do so, then file something with the Court indicating that you want to be heard on the issue of when the landlord has the right to possession and establish the rent for that period.

Customer: replied 1 year ago.
1.I had originally said that I needed until Nov 7th but finding anything at all in my price range has thus far been impossible (I am now a disabled RN but not yet collecting so my income/savings is quite meager). The one place I did find reneged just last evening.I was hoping that since no date is written/filed, that it might buy me a bit more time. No?
2. What (legally) makes it my responsibility to seek out the plaintiff's lawyer to sign a corrected stipulation?
3. As I asked above, what is my recourse if the landlord calls a marshall to oust me (when there is no date)?
Customer: replied 1 year ago.
I am requesting that Maverick help me with my question(s).
Expert:  Irwin Law replied 1 year ago.

Okay. I will opt out. You might try reposting the question and put"For Maverick" at the beginning of it.

Customer: replied 1 year ago.
It has been well over 24 hours now without a reply. What happened with my question?
Customer: replied 1 year ago.
This question is for ANY attorney who can help me with this question.
Expert:  Irwin Law replied 1 year ago.

It is very risky for you to sit back and do nothing, simply because a possession date wasn't given. You can do that if you wish, but then you run the risk of a sheriff showing up at your door with a moving van. At that point it will be too late for you to do anything about it. That's why I suggested that you contact the attorney to work out the details of your move. Failing that, you might file a motion with the court to clarify the judgment. What I'm saying is that the absence of a specific date in the stipulation doesn't give you an unlimited amount of time before you can be put out of the property.

Customer: replied 1 year ago.
Sir, I had not heard from anyone for >24 hours and so I requested a refund and my question was supposed to have been withdrawn. However, if you are indeed available to answer a couple more of my questions, I certainly will pay for your time! How might I do that?
Expert:  Irwin Law replied 1 year ago.

What you might do is accept this answer, which means that I will be compensated for assisting you. You can then post additional questions as new questions, but if they Relate directly to this question you can post them as follow-ups On this thread. Your refund request probably has not been processed yet, and can be withdrawn.

Customer: replied 1 year ago.
The refund will not be processed for 3-5 business days so I can contact the co. and ask for it to be reversed-therefore I will continue on this thread if you don't mind.
Customer: replied 1 year ago.
The refund will not be processed for 3-5 business days so I can contact the co. and ask for it to be reversed-therefore I will continue on this thread if you don't mind.
I'd like your consent to the above to continue, please.
Expert:  Irwin Law replied 1 year ago.

That is okay As long as the follow-up questions are related to the above question. If not, then please submit the questions in the new thread which I have also responded to.

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