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Posted by Anna on February 05, 2000 at 10:05:18:

In Reply to: The 11th Hour - and don't want to move! posted by Shirley on February 04, 2000 at 12:54:38:

John's comments are good general advice.

Here's some court-process info specific to your case:

Too late for this info: the easiest way for any tenant to prevent eviction in a non-payment proceeding is to pay every penny requested by the landlord: thiss iss guaranteed by law. All you had to do was pay the $50 increase and the late fee before the warrant is issued... (of course, it is better to pay it before your first court date...) This no longer applies, because of the stip your husband signed.

You had an attorney in court. Your husband signed a stipulation to move; most lawsuits are settled by stip. A stip is a legally binding contract which the courts will not overturn unless you can prove the types of things that make a contract void, like fraud. The courts are less inclined to void a '2-attorney-stip' than one where the tenant was pro se. Your lawyer does not seem to have had much, if any, Landlord-Tenant experience. You might try calling one of the lawfirms that advertise here: most of them are very experienced and do only the Tenant part of L&T cases. They win, too. Don't expect much but it only costs $150-200 for the first visit.

Before you pay that, you should try to negotiate with your landlady for more time. Call her, write to her. (any special circumstances? small children, elderly mother?) If she has not yet re-rented it (a house on LI?), she might be agreeable. If she isn't, the L&T lawyer might be able to convince her...

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Comments:
: John's comments are good general advice.

: Here's some court-process info specific to your case:

: Too late for this info: the easiest way for any tenant to prevent eviction in a non-payment proceeding is to pay every penny requested by the landlord: thiss iss guaranteed by law.  All you had to do was pay the $50 increase and the late fee before the warrant is issued... (of course, it is better to pay it before your first court date...)  This no longer applies, because of the stip your husband signed.

: You had an attorney in court.  Your husband signed a stipulation to move; most lawsuits are settled by stip.  A stip is a legally binding contract which the courts will not overturn unless you can prove the types of things that make a contract void, like fraud.  The courts are less inclined to void a '2-attorney-stip' than one where the tenant was pro se.  Your lawyer does not seem to have had much, if any, Landlord-Tenant experience.  You might try calling one of the lawfirms that advertise here: most of them are very experienced and do only the Tenant part of L&T cases. They win, too.  Don't expect much but it only costs $150-200 for the first visit.

: Before you pay that, you should try to negotiate with your landlady for more time.  Call her, write to her. (any special circumstances? small children, elderly mother?)   If she has not yet re-rented it (a house on LI?), she might be agreeable.  If she isn't, the L&T lawyer might be able to convince her...


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