Entered into stipulation to make all payments through October by 11/30. 90% of payment made by HRA and cashed by LL on 11/18. This despite HRA mailing the payment to the wrong address.
I did not mail payment for the remaining 10% since in an identical situation a few years ago, my payment was returned since it was a partial payment. So I wanted to wait for them to receive and process payment from HRA on my behalf first.
I only learned about them cashing my payment from HRA on Monday. Numerous phone calls to them inquiring when i can come in and give them a money order for the remaining 10% were not returned.
The stipulation states: Issuance of the warrant of eviction shall be stayed to 10-27-19 and execution of the warrant shall be stayed to 11-30-19,on condition respondent make following payments, on default of which the warrant shall execute forthwith on landlord's or landlord's agents affidavit:
(A) $6840 by 11/30/2019
This being the way it is if I send a payment for the remaining 10% to them now, will this be considered on time?
The stipulation states ".....on condition respondent make following payments...."
Lawfully what constitutes "making a payment"? Me mailing it or them receiving it?
If the former then if they receive the payment in ther P.O. Box on Monday December 2, technically its late, even though I would mail it November 29.
Not sure what to do, I went to the court and got an order to show cause and attached proof that they got payment for 90% from HRA and also a copy of my money order for the remaining 10%. Have to return on Monday to pick up the Order to show cause.
Now should I still go ahead and mail the money order to them? Or should I wait untill next week and then just bring it to court on the return date?
What does the law or case law say on this?
Thank you