Stipulated Judgment
We were in UD action when we
refused to pay rent to landlord who
rented us house in foreclosure with
sale now being stayed by BK. She
offered rent credit of $1,000 and
equity share with match for bringing
new students to her real estate
wealth classes, but there were no
classes. Rent was $1,000 more than
we could afford. First judge ordered
rent held in atty trust acct and
cont’d 2 wks while atty checked title
for standing. Got new judge and
ordered rent released, even though
our atty wanted okay from BK
trustee. We agreed to pay bal of
$1,000 for July plus $1,000 for 5
days, which is twice what was due,
and enter new straight rental agmt
with no bogus credits or equity
share. Now that she has Stip, she’s
decided no new agmt. Are we
obligated to pay more rent than we
owe based on Stip? Can we appeal
Stip since she did not renegotiate in
good faith? If I stop payment on
check can she just evict? Does email
saying I don’t want to do new agmt
qualify as 30-day notice? Original
agmt was month to month, even
though we wanted min 1yr lease.
She said it was because someone
had tied up her property for 9 mos.
Later learned that house was also in
foreclosure.
Re: Stipulated Judgment
I do not understand some major portions of your case. A “stipulation” is either an agreement between the parties as to some aspects of the case or a party informing the judge they agree with some statement of the other side. Since you say she will not act to create a new agreement you do not have the former and if you stipulated in Court without getting something for the stipulation you or your attorney was foolish. What agreement between the parties was actually made? If she has not fufilled the terms of the agareement that was made she is in breach and you probably are not bound to it.
How is the house being foreclosed on relevant to your paying rent or not?
George Shers
Law Offices of Georges H. Shers
4170 Glenwood Terrace, Suite #1
Union City, CA 94587
Re: Stipulated Judgment
I have read Mr. Shers’ answer, and totally agree.
Your description of the stipulation is very confusing.
Since I cannot add or subtract from Mr. Shers’ answer, I will not try.
Robert L. Bennett
Law offices of Robert L. Bennett
2117 N. Baker St.
Bakersfield, CA 93305