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Posted by John E. Marre on March 31, 1999 at 01:03:45:

In Reply to: What is the landlord does not honor stipulation. posted by Colin on March 30, 1999 at 16:58:03:

Bring the case back to court!!! And don't wait until the 31st day. Bring the case back to the courts ON the 30th day.
Also, be advised that a court order stipulation guarantees you absolutely NOTHING. I have a collection of them covering serveral months, listing various repairs that the judge "so ordered" to be made. I also have a damned good lawyer. So that doesn't have much effect on the outcome.
When you get into the court (again), be sure to request an abatement on rent due or future rent, depending on the length of time you went without the services/repairs. (Make the dollar amount specific and in an amount that is realistic. You may be able to vary, up or down, so be prepared for this as well).
But above all, be the FIRST to return the case to the courts!
Also, be preapred to find that the landlord might file a motion against you claiming that you have been uncooperative or have denied access to make the repairs. This may appear on the calendar under a different number, so read the calendar carefully.
Even more important: NEVER SIGN A STIP UNLESS YOU KNOW EXACTLY WHAT YOU'RE SIGNING! There very well may be some legalese in there that states that you'll pay the money even if the landlord fails to honor the stip. It's always good to have the mess written by a lawyer explained to you in palin and simple english... completely.

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Comments:
: Bring the case back to court!!! And don't wait until the 31st day. Bring the case back to the courts ON the 30th day.
: Also, be advised that a court order stipulation guarantees you absolutely NOTHING. I have a collection of them covering serveral months, listing various repairs that the judge "so ordered" to be made. I also have a damned good lawyer. So that doesn't have much effect on the outcome.
: When you get into the court (again), be sure to request an abatement on rent due or future rent, depending on the length of time you went without the services/repairs. (Make the dollar amount specific and in an amount that is realistic. You may be able to vary, up or down, so be prepared for this as well).
: But above all, be the FIRST to return the case to the courts!
: Also, be preapred to find that the landlord might file a motion against you claiming that you have been uncooperative or have denied access to make the repairs. This may appear on the calendar under a different number, so read the calendar carefully.
: Even more important: NEVER SIGN A STIP UNLESS YOU KNOW EXACTLY WHAT YOU'RE SIGNING! There very well may be some legalese in there that states that you'll pay the money even if the landlord fails to honor the stip. It's always good to have the mess written by a lawyer explained to you in palin and simple english... completely.


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