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TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12250
Experience:  JD, MBA
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Bank offered cash to vacate property, and cancel court case,

Customer Question

Bank offered cash for keys to vacate property, and cancel court case, but now they have the property and the keys but is now trying to pay half of what they originally offered and there is no settlement agreement so far. July 6 will make it 90 days since property was vacated.
I would like to know what are my legal rights to get them to comply and pay.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Did you put the cash for keys deal in writing? How was the deal agreed upon?

Customer: replied 1 year ago.
Through mediation, it was a stipulation agreement.
Expert:  TJ, Esq. replied 1 year ago.

So the cash for keys deal is in writing? And you've complied with your end of the bargain?

Customer: replied 1 year ago.
I vacated the property on time, and did not damage the property, which was the only condition mentioned in the stipulation. The went to inspect about 6 weeks later and is now claiming that the property is in poor condition.
Expert:  TJ, Esq. replied 1 year ago.

Oh, I see. So they are claiming that you did not comply with the agreement.

Well, at this point, you have two choices: (1) accept the money that they are offering, or (2) sue them in small claims court for the full amount owed. In court, they will need to prove that you did not keep your end of the agreement, so you may have the upper hand in that regard. I don't know how they'd prove that you breached the agreement.

Customer: replied 1 year ago.
What if the money they are offering is more than what is allowed for small claims court?
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

If it's more than the $10,000 allowed in small claims, then you can't sue in small claims. You'd have to sue in the Superior Court. However, you should keep in mind that you will be required to adhere to the rules of procedure and evidence in Superior Court, while those rules are relaxed in small claims court. So, if the amount owed is, let's say $11,000, then I'd be more apt to sue for just $10,000 in small claims court than the full $11,000 in Superior Court.

I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback via the stars. Thank you.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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