Friday, November 13, 2009


Yesterday, I received a favorable decision in a matter for a tenant which I wrote about on Sunday, October 4, 2009, where I gave a word of caution regarding stipulations, viz., make sure it is written up carefully and that you, either the landlord or the tenant, and their counsel, make the terms clear to everyone. In this matter, the Tenant could not make rental payments due to job loss. Landlord instituted a non-payment action. A stipulation was entered into. The stipulation provided that the back rent due would be reduced to X dollars and provided that Tenant would move out by a certain date. Tenant paid the X dollars on time but did not move out until 30 days later. Landlord then sought by motion for a judgment in the amount of the original rent due, which was thousands of dollars more than X dollars. I argued that the stipulation did not specifically provide that the original rent would be due if the Tenant did not move out by the certain date. The landlord argued that the provision was implied in the stipulation. The court agreed with the Tenant. If the Landlord wanted to penalize the Tenant for not moving out by the certain date, the stipulation should have specifically stated so. Again, look at my blog for October 4, 2009 for the legal reasoning.

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