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I went to court and the landlord's attorney and I wrote up stipulation agreement. I am behind 4 month rent and a half.
I am to pay a month of rent each month until I'm paid up. Last month it started. I paid the rent and was short a little on the back rent payment. I paid what I could.
Landlord called and said I needed to pay it. I'm on commission and won't get paid on my deals till later on this month. I owe rent this month as well. I'll have it but not for a week or so.
Of course this breaks the agreement. Should I ask LL for a little more time this month or go straight to court and get an order for cause.
I'm also going to get a second job to help take care of this.
What are your experience with this. Will the judge generally give me nore time?
You signed a legally binding agreement that should spell out when payments are due and what happens if they are not rendered on time. Hopefully you did not agree to having a warrant of eviction issued but stayed pending payments being made on time.
Personally I'd find a way to get the LL his money ASAP. Beg, borrow, or whatever from someone to advance you funds until your money comes in. Failing this you have two options: let the LL know and send the money soon as you have it, or go down to housing court and speak with a clerk about what are your legal options.
An order to show cause or any other action initiated to reopen your case is tricky. The LL could take the chance and say to the court "look we gave this guy a chance to pay his back rent and remain on time, but he hasn't, thus cannot "afford" to remain in the apartment...."
Unless again a warrant to evict was issued (and stayed), your LL would have to return to court to get an eviction. That is when you would need an order to show cause. Again I'd try to get that money to him ASAP, and not be late with payments in future.
If I get the money owed to her before we meet in court again do we just keep going on with the stip? Meaning if I pay what I owe that month?
Am not an attorney so cannot give you concrete advice. However will say that a stipulation is a legally binding agreement. You promised to pay back and current rents by such and such a date. Once that part of the deal is broken absent any other terms of the stipulation the LL can return to court to seek an eviction warrant.
Once you've broken terms of a stipulation the LL does not have to accept the money, most will but some won't. It really depends on your situation with the LL. The court *may* compel him to take the rent and agree to a new stipulation, but the LL can fight that as well. As I said before the only legal cover when you cannot keep the terms of a stipulation is to return to housing court. However returning a case to the docket is a risky move since now the LL may press for an eviction.
If you pay money owed and your LL accepts, then yes, continue with the stipulation. I'd only pay via check since if the LL does try and pull a fast one you'll need proof that the money was paid *and* deposited/accepted.
Personally I think you'd better get your stuff together financially or you'll end up on the street. You signed a payment agreement in court and told the judge you knew and understood the terms, and had no problems meeting them. Clearly off the bat you have since last month you only paid the current rent and one-half of the past due rent payment. So now you owe this months rent plus one whole past due and part of last months repayment as well; can you see where this is going? You aren't getting out of a hole but digging a deeper one.
Have you looked into applying for a one shot deal or some other past due rent assistance from the City? Can you take out a loan, borrow or find a way to get the past due rent? If you are going to have ongoing problems keeping the terms of the stipulation sooner or later the LL may get fed up and petition the court for eviction. If you cannot keep the terms of the agreement then perhaps the only option would be to head back to court and renegotiate the terms for a lower (but longer) repayment period of the back rent. I'd consider doing this before you establish a long new history of not paying front rent.
You signed a legally binding agreement that should spell out when payments are due and what happens if they are not rendered on time. Hopefully you did not agree to having a warrant of eviction issued but stayed pending payments being made on time.
Bugsy my friend, you don't fully understand the process of housing court. These are the 4 common types of cases in housing court:
Ejectment case: this is when the apartment is illegal, tenant gets evicted and LL loses the apartment (marshal comes and padlocks the door, LL and tenant have no access)
HP case: where the tenant sues the landlord, usually for lack of repairs made
Holdover case: where the LL sues for possession due to excessive arrears, or possession due to a lease infraction. These cases are very costly and involves a lot of filing with the court, so this is a usual last resort for LLs due to the cost and intricacy of how holdover cases must be handled
Non-payment case: which is what the OP has, where the LL sues for arrears only, not possession. In a non-payment case, nobody can automatically execute a warrant, and there is no choice to either stay or execute a warrant of eviction. For all non-payment cases, either stips are made, and the warrant is automatically stayed as long as the agreed-upon payments are made on time, or a final judgement is made when a lump sum of money is owed by a certain date. If a payment on the stip is missed or the lump sum of the final judgement is not paid by said date, the warrant is then executed.
To the OP, just put in your order to show cause and have a damn good reason to present to the judge.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Bugsy my friend, you don't fully understand the process of housing court. These are the 4 common types of cases in housing court:
Ejectment case: this is when the apartment is illegal, tenant gets evicted and LL loses the apartment (marshal comes and padlocks the door, LL and tenant have no access)
HP case: where the tenant sues the landlord, usually for lack of repairs made
Holdover case: where the LL sues for possession due to excessive arrears, or possession due to a lease infraction. These cases are very costly and involves a lot of filing with the court, so this is a usual last resort for LLs due to the cost and intricacy of how holdover cases must be handled
Non-payment case: which is what the OP has, where the LL sues for arrears only, not possession. In a non-payment case, nobody can automatically execute a warrant, and there is no choice to either stay or execute a warrant of eviction. For all non-payment cases, either stips are made, and the warrant is automatically stayed as long as the agreed-upon payments are made on time, or a final judgement is made when a lump sum of money is owed by a certain date. If a payment on the stip is missed or the lump sum of the final judgement is not paid by said date, the warrant is then executed.
To the OP, just put in your order to show cause and have a damn good reason to present to the judge.
I do not need you nor anyone else to sit me down and explain housing court. Know very well how the process works and types of cases.
Unless laws have changed a stipulation agreement settling a non-payment case can contain a final judgment and warrant (for eviction). If tenant does not make payments on time LL can move to have that warrant acted upon. Tenant would still receive 72 hour notice and so forth, but LL does have to return to court . At this point it is on the tenant to obtain an order to show cause to prevent the eviction.
Of course stipulations can be written any way the two parties agree. The final judgment and warrant bit can be left out, LL required to return to court before obtaining and so forth.
It is very dangerous to sign a stipulation requiring you to do something that you are not positive you will be able to do, such as pay a certain amount by a specific date. A tenant can face several consequences if they agree to do, something they cannot comply with. Many people have been evicted because the unnecessarily agreed to overly optimistic amounts and dates. This is because the agreements, as written up by landlords' attorneys, frequently say that if the money is not paid by the agreed date, the landlord can enter a judgment and obtain a warrant of eviction.
I do not need you nor anyone else to sit me down and explain housing court. Know very well how the process works and types of cases.
Unless laws have changed a stipulation agreement settling a non-payment case can contain a final judgment and warrant (for eviction). If tenant does not make payments on time LL can move to have that warrant acted upon. Tenant would still receive 72 hour notice and so forth, but LL does have to return to court . At this point it is on the tenant to obtain an order to show cause to prevent the eviction.
Of course stipulations can be written any way the two parties agree. The final judgment and warrant bit can be left out, LL required to return to court before obtaining and so forth.
It is very dangerous to sign a stipulation requiring you to do something that you are not positive you will be able to do, such as pay a certain amount by a specific date. A tenant can face several consequences if they agree to do, something they cannot comply with. Many people have been evicted because the unnecessarily agreed to overly optimistic amounts and dates. This is because the agreements, as written up by landlords' attorneys, frequently say that if the money is not paid by the agreed date, the landlord can enter a judgment and obtain a warrant of eviction.
It's either you get a stipulation or a final judgement. The warrant is stayed, hence the stipulation being you pay x amount of dollars for x amount of months. There is no stipulation on a final judgement. It's a final judgement, that's it.
You've worked in L&T before? Because nobody has a choice to either stay a warrant or execute a warrant like you previously said. That's just incorrect.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
It's either you get a stipulation or a final judgement. The warrant is stayed, hence the stipulation being you pay x amount of dollars for x amount of months. There is no stipulation on a final judgement. It's a final judgement, that's it.
You've worked in L&T before? Because nobody has a choice to either stay a warrant or execute a warrant like you previously said. That's just incorrect.
It is so "incorrect" even the Housing Court website has basically the same information.
Again:
If you are in a nonpayment case and you owe back rent, the stipulation wording is very important.
Here are some things to avoid, if possible:
• Consenting to a judgment: If you consent to a judgment, you will have to do an order to show cause if You need more time to pay. In most nonpayment cases, landlords require that tenants consent to a Judgment in exchange for getting more time to pay back rent or to avoid trial. A judgment may appear On your credit report.
•Consenting to the immediate issuance of the warrant: This means the marshal can come right away if you don’t pay on time.
If both sides appear, the case will be ready to proceed. The vast majority of non-payment cases are settled in conferences which may include the petitioner, the respondent, the attorneys of either party, mediators, court attorneys, and at times even the Judge.
If the case is settled, a stipulation of settlement will be written. For more information, click on Stipulations of Settlement. The stipulation of settlement may provide for the issuance of a judgment and warrant if the respondent fails to comply with the conditions of the stipulation. The stipulation may contain requirements for the petitioner to notify the respondent before the warrant may be issued. The stipulation may require the petitioner to make a motion to the court, either on notice or without notice to the other side, before the warrant can be executed. Whatever, the stipulation requires, the conditions must be complied with before the judgment and/or warrant can be entered or issued.
Once the petitioner has obtained a judgment and warrant of eviction based upon the stipulation of settlement, the marshal can evict the respondent. For more information, click on Eviction. To learn the procedure for vacating the judgment, click on Vacating Judgments.
Perhaps did not make it clear first time around so shall say again.
If so stated in the stipulation that LL can obtain final judgment and warrant if tenant fails to comply with said terms, then he/she does not need to start any other proceedings to begin eviction. LL just has to return to court and state tenant did not comply with agreed terms *and* as per signed stipulation consented to final judgment and warrant (for eviction) being issued as a consequence.
It is so "incorrect" even the Housing Court website has basically the same information.
Again:
If you are in a nonpayment case and you owe back rent, the stipulation wording is very important.
Here are some things to avoid, if possible:
• Consenting to a judgment: If you consent to a judgment, you will have to do an order to show cause if You need more time to pay. In most nonpayment cases, landlords require that tenants consent to a Judgment in exchange for getting more time to pay back rent or to avoid trial. A judgment may appear On your credit report.
•Consenting to the immediate issuance of the warrant: This means the marshal can come right away if you don’t pay on time.
If both sides appear, the case will be ready to proceed. The vast majority of non-payment cases are settled in conferences which may include the petitioner, the respondent, the attorneys of either party, mediators, court attorneys, and at times even the Judge.
If the case is settled, a stipulation of settlement will be written. For more information, click on Stipulations of Settlement. The stipulation of settlement may provide for the issuance of a judgment and warrant if the respondent fails to comply with the conditions of the stipulation. The stipulation may contain requirements for the petitioner to notify the respondent before the warrant may be issued. The stipulation may require the petitioner to make a motion to the court, either on notice or without notice to the other side, before the warrant can be executed. Whatever, the stipulation requires, the conditions must be complied with before the judgment and/or warrant can be entered or issued.
Once the petitioner has obtained a judgment and warrant of eviction based upon the stipulation of settlement, the marshal can evict the respondent. For more information, click on Eviction. To learn the procedure for vacating the judgment, click on Vacating Judgments.
Perhaps did not make it clear first time around so shall say again.
If so stated in the stipulation that LL can obtain final judgment and warrant if tenant fails to comply with said terms, then he/she does not need to start any other proceedings to begin eviction. LL just has to return to court and state tenant did not comply with agreed terms *and* as per signed stipulation consented to final judgment and warrant (for eviction) being issued as a consequence.
Copying and pasting from the Housing Court website is cool, but it doesn't go down in court exactly like that.
Have you ever worked in L&T, or been an LL evicting a tenant, or been a tenant getting evicted?
You seem to be under the impression that many tenants are duped into signing things they shouldn't. If so many tenants were naive, evicting would be a cinch.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Copying and pasting from the Housing Court website is cool, but it doesn't go down in court exactly like that.
Have you ever worked in L&T, or been an LL evicting a tenant, or been a tenant getting evicted?
You seem to be under the impression that many tenants are duped into signing things they shouldn't. If so many tenants were naive, evicting would be a cinch.
Gave information to support my statements, that is how arguments work.
And yes, have worked and even assisted in Manhattan L&T court. Equally and yes, tenant do sign stipulations that have warrant and judgment clauses included. What may or may not have changed is that in the modern technology age some have greater access to information than in past. That and the City under de Boob has devoted greater resources for tenant legal representation.
You also have no small number of pro-tenant judges who will question such clauses in a stipulation and ask the tenant in "baby step language" if they understand what it means. Usually after things are spelled out to them it is *suggested* things be changed.
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