Sunday, October 4, 2009

LANDLORD/TENANT MATTERS IN NASSAU COUNTY

A word of caution regarding stipulations. In Housing Court, it can be a mad rush of many matters to be heard that day: the lawyers are in a rush, the landlords, the tenants, the court, the clerks. In most cases, the matter is settled through a stipulation. But 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. The courts have held that a stipulation is a contract and that the law favors stipulations. Unless a stipulation is invalid due to fraud, collusion, mistake, accident, duress, or unconscionability, or is contrary to public policy or ambiguity suggesting the words did not represent the agreement, parties will not be relieved from the consequences.

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