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Old 10-01-2010, 07:50 PM
 
11 posts, read 51,585 times
Reputation: 10

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I have not signed a lease since July of 2008 because my landlord has not provided me with a new one due to me being in rental arrears. I informed him that I was going to move and he told me that I am responsible for the rent until a new tenant moves in. Is this possible?

In July of 2008, to prevent eviction proceeding, I signed a settlement agreement that reads as followed:

"The tenant and Landlord herby agree that:
1. The tenant shall pay to the landlord $3,400 which the tenant admits is now due and owing and agrees to the immediate entry of a judgment for possession.
2.The tenant shall pay the rest of the amount in paragraph 1 as follows: Every 14 days beginning on 08/3/08, the tenant will make a payment. Each payment wiill be eual to or greater than the current rent plus $42. For example, as of 08/01/08, the rent is $716; half of the rent is $358 + $42 makes a minimum bi-weekly payment of $400.
3. The tenant also agrees to pay $716 as provided by the rental agreement, in addition to the payment required in paragraph 1, until this settlement agreement is over.
4. All payments made during the term of this agreement shall be applied first to the rents that become due after today, and then they shall be applied to pay the balance of the arrears stated in paragraph 1.
5. This agreement shall end when the tenant has paid the full amount of rent stated in paragraph 1 and then the judgment shall be vacated and the complaint shall be dismissed."

I believe that he is trying to lock me into paying future rent based off #5, which states that the agreement ends when the amount is paid off. The amount of $3400 has not been paid off as you can see because it has balooned up to $16,000. He referred to this agreement as "basically an extension of your lease." Does that mean that if the rental arrears are not paid off by the terms of this contract, I am responsible for the rent until a future tenant moves in as he says? Can he really do this based off the settle agreement/contract above? Please read and advise me. Thanks.
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Old 10-01-2010, 07:58 PM
 
Location: NJ
17,579 posts, read 43,144,698 times
Reputation: 16209
How did you go from $3,400 to $16,000?
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Old 10-01-2010, 07:59 PM
 
Location: NJ
17,579 posts, read 43,144,698 times
Reputation: 16209
You really need to talk with an attorney. This is pretty serious. Did you have one before you signed that agreement?
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Old 10-01-2010, 08:20 PM
 
11 posts, read 51,585 times
Reputation: 10
Quote:
Originally Posted by manderly6 View Post
How did you go from $3,400 to $16,000?
That was the amount at the time that I signed the settlement agreement in 2008. He still continued to let me occupy the apartment even though I was not paying the total amount as agreed in this contract. The amount is currently $16,000 in rental arrears.
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Old 10-01-2010, 08:27 PM
 
11 posts, read 51,585 times
Reputation: 10
Quote:
Originally Posted by manderly6 View Post
you really need to talk with an attorney. This is pretty serious. Did you have one before you signed that agreement?
no
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Old 10-02-2010, 06:48 AM
 
10,170 posts, read 10,309,467 times
Reputation: 6822
1. When was the last time you paid rent?

2. Your landlord is a moron.
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Old 10-02-2010, 06:51 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 64,763,869 times
Reputation: 26615
Quote:
Originally Posted by Chuckity View Post
1. When was the last time you paid rent?

2. Your landlord is a moron.
Unfortunately the OP has two threads going on the same subject and if you read the other thread it will provide some answers.
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