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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102584
Experience:  Attorney
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Would the habitability of a rental be considered a breach of

Customer Question

Would the habitability of a rental be considered a breach of contract in a stipulated judgement agreement?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

Can you tell me more about your situation? Also, what state are you in?

Customer: replied 1 year ago.
Here is the question. Forget about the habitability for now. I have relieved the Sheriffs notice to give up possession. Based upon default per a stipulated agreement (attached). Does the wording in the document appear void due to defendants rights at any point are all being waived which is against public policy?
Customer: replied 1 year ago.
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry, but I'm not free to help with this now. I'm going to opt out in favor of another expert. Please do not reply, as that can cause delays.

Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. 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.

I am sorry to hear about this situation. The answer is no - this is not against public policy. In essence, public policy means a contract that is so one sided and so extreme and unfair, so as to violate the fundamental rights of an individual. This is a very subjective affirmative defense, and very hard to prove. Normally, this deals with things like a pre-nuptial agreement where one party is completely and wholly shut out of the marital estate for example.

Herein, this seems to be an agreement between both parties. Nothing shocking or out of the standard for verbiage. I doubt public policy can be used as a defense.

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Customer: replied 1 year ago.
Since the Sheriff has put the writ on my door but I have yet to go in front of a judge number 1. And the judgement was for the original petitioned request for possession of property and not an agreed judgement or consent judgement number 2. Could I file an ex Parte. Requesting relief and to be heard by the court or request a stay. I ask this only because I had filed a motion asking this be set aside, the day of the hearing I had car trouble and was late getting to court. In my motion the court without me being present asked opposing counsel questions I raised. But of all of them he never touched on warrant of habititbilty and he judge doesn't even bring the subject up in his written response. If you like I can upload the documents.
Expert:  Ely replied 1 year ago.

Since the Sheriff has put the writ on my door but I have yet to go in front of a judge number 1. And the judgement was for the original petitioned request for possession of property and not an agreed judgement or consent judgement number

I do not understand the above. Can you please rephrase? Thanks.

Customer: replied 1 year ago.
In the judgement the judge never gave anything to the opposing party that was stated if we default and instead filed it as default judgement as if we never went to court or filed an answer to the complaint. Now we did file an answer but have yet to stand in front of the judge. That being said isn't it our right to be heard at least once. Which would allow us to stay the execution and permit a hearing. I thought if the judges decision would've been filed as and agreed judgement or a consent judgement because we didn't leave. Rather than leaving it open ended for us to request a stay and allowing the warrant of habititbilty be raised? The motion I filed stated issues regarding the acceptance of rent during the holdover period which they cashed after settlement and issues with the agreement which the judge found to be untimely. But the last paragraph in my motion the judge never touched on which referred to the fact that we've had no working heat or air in six months and no attempts to get it fixed and yet we have paid rent in full those six months
Expert:  Ely replied 1 year ago.
I am sorry I do not know how to address this. I am going to opt out of your question and open this up for other experts.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck.