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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38228
Experience:  Attorney over 17 years, landlord 26 years
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I ran in to a big problem i am not lost i just need some

Customer Question

hi
i ran in to a big problem i am not lost i just need some advise how to resolve this
i was late with my rent with around 6 months back in November my landlord sued me and we signed a stip agreeing to pay it up in 30 days the balance was $12000 i paid in since then over $17000 in rent but i was always behind so i am behind again again with $12000 so my landlord ordered the marshal i received the eviction notice i filled a order for show cause to stay the eviction and lucky me the judge granted the stay based i promised to pay up 50 % of the balance on Friday on the day of court and the reaming balance in 30 days! and i do understand that the judge can not force my landlord to accept a new stip but what if i come with the full amount can the judge force my landlord to accept it and vacate the judgment and i can stay in my apartment or once i received a eviction notice there is to late to come with the money and i will have to rely on my landlord hart to vacate the judgement and save my apertment
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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The judge can pretty much do what he wants to here.. Although he can't force the landlord to accept the stipulated judgment, he can rule in your favor and just make any writ to evict you not take effect for 30 days and be cancelled if you are paid in full. Judges have a lot of power in their courtroom to make creative judgments.

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But if you showed up to court with the full amount due, it is likely that the judge would agree to vacate his judgment and just tell the landlord to accept the money. If the landlord refused, the judge could dismiss the case if he wanted to, knowing that he would lose on appeal, but not really caring since the case would be out of his hands.

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Many judges are more about equity and since the landlord just wants his money, if he gets all of it, he really doesn't have anything to complain about.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 2 months ago.
I understand almost everything just one counfussion, what do you mean by saying ( knowing that he will loose on appeal) who will know that he will loose on appeal the judge or the landlord?
Expert:  barristerinky replied 2 months ago.

The judge... sometimes a judge will rule one way knowing that they will lose in a higher court, but they do it anyway just to try and give the one side some extra time... I used to clerk for a judge and he would come in and tell us sometimes to come up with a reason for him to rule a certain way... it isn't right, but it is done..

Customer: replied 2 months ago.
But on what basis will appael Court reensate a judgement or a eviction if the balance is paid in full
Expert:  barristerinky replied 2 months ago.

On the basis that the judge had no legal authority to order the landlord to accept the money in the first place once you violated the first stipulated judgment.

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But if the landlord does accept the rent, then he kind of voids any argument that he doesn't have to. He would have to refuse to accept the rent and then file his appeal in order to preserve his rights.

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thanks

Barrister

Expert:  barristerinky replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister