Legal Question in Landlord & Tenant Law in California

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.


Asked on 7/30/07, 12:12 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

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?

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Answered on 7/30/07, 1:19 am
Robert L. Bennett Law offices of Robert L. Bennett

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.

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Answered on 7/30/07, 4:28 am


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