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Landlord sued tenant for possession and past due rent.

Landlord and tenant stipulated the...
Landlord sued tenant for possession and past due rent. Landlord and tenant stipulated the following judgment:Landlord is awarded possession of premises. Tenant to vacate premises. Landlord agrees to waive any past due rent and damages. Landlord to pay tenant $2000 within 7 days. If Landlord defaults tenant may file motion to set aside and vacate the judgment and dismiss the case. Prevailing party in enforcing stipulation awarded attorney fees.Tenant vacated premises. Landlord defaulted and tenant filed motion to set aside and vacate the judgment and dismiss the case. Plus attorney fees to enforce the stipulation.The court set aside and vacated the judgment and dismissed the case. The court awarded tenant attorney fees.Q. Does the court have jurisdiction to enforce the stipulation since the judgment was set aside and vacated?
Q. Can Landlord file breach of contract lawsuit for past due rent and damages since the judgment was set aside and vacated?Thanks.
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Answered in 5 minutes by:
7/29/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Q. Does the court have jurisdiction to enforce the stipulation since the judgment was set aside and vacated?

No. The court does not have jurisdiction over the prior judgment since it was set aside and vacated. The prior judgment is null and void.

Q. Can Landlord file breach of contract lawsuit for past due rent and damages since the judgment was set aside and vacated?

Yes. So long as the case was not dismissed with prejudice, then a new action can be filed.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 4 months ago
Follow up question: Can you give me a case that supports the positions that 1) the court does not have jurisdiction and 2) the landlord can sue for damages

You know, I really wish I could, but unfortunately because I don't know what state you live in I would not be able to provide you any case law. In addition, to do case law research on something like this would require you and I to enter into an attorney-client fee agreement which means that you would have to pay my hourly fee of about $250 per hour. It would be much more cost-effective for you to look up the case law on your own. If you go to www.findlaw.com, you can look for some cases in your jurisdiction that will help you out. To further help out, my recommendation would probably be to look for a statue that supports this position rather than a case. Statutes are going to be controlling. It case law might help interpret a statute if it's not clear, but the statute is going to be primary

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
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