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Can a landlord create a rental stipulation agreement that…

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Can a landlord create a...
Can a landlord create a rental stipulation agreement that amounts to more than the original lease agreement? I've been 2 1/2 months behind on my rent and the landlord filed for eviction with the court. I was required to deposit rent into the court registry when due. I made a couple of payments into the court registry as required. Then, landlord contacts me with a rental stipulation agreement created by their attorney with payments scheduled every week for a certain amount until February and I was to make the payments directly to the landlord. The terms and payments of the stipulation was a lot higher than what the landlord and I had discussed and agreed to the previous day on the phone. I looked it over and noticed the error and let the LL know that the terms of the agreement was not what we discussed. He informed me that if I didn't sign it and send it back asap, he was going to proceed with the trial and immediate eviction. First, a the time, I could not afford to miss any work because of a trial. Second, I could not afford to be evicted immediately because I had nowhere to live. So, I signed it. Before I signed it, I informed the LL that I was signing the stipulation under duress because of the time frame and the two reasons mentioned above. I've made several payments already and is now current on the rent, but the LL is still demanding that I honor the stipulation that is still in effect until February. The payments that are scheduled in the stipulation agreement adds up to be $350 more per month than the original monthly rent. I don't think that's fair. I feel like I'm being railroaded due to my lack of knowledge of the process. In addition, I never received a copy of the stipulation agreement signed by the LL and I don't even know if it has been filed with the court. What should I do? Is this even legal?
Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 11 minutes by:
11/22/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,784
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The landlord cannot change the terms of the original lease and charge more, UNLESS you agree to do so in the written stipulation. It is your choice to agree to the stipulation or to go to trial on the eviction. So you do not have to agree to the stipulation, but if you do sign, it is a valid and legally binding agreement even if it is for more than the original lease.

If you cannot afford to leave or afford to miss work, the landlord pretty much has you in a corner and you need to make a decision as to whether you would accept the deal or be evicted and it is not a easy choice for you, but it is not illegal on the landlord's part either.

You can contact his attorney for a copy of the stipulation you signed as you are entitled to a copy of the stipulation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Please do not hesitate to ask any follow up questions using the REPLY button. Using the opt out button prevents you from receiving any replies to your follow up questions you may have.

Please remember we are simply providing information to customers based on the laws and facts customers provide us and we are not the party who has caused the customer's situation. Thank you very much.

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