Breached+stipulation

CLICK HEREto return to discussion topics
MrLandlord Q & A
Breached stipulation (by Mick [CA]) Sep 2, 2016 6:30 PM
       (by Robert J [CA]) Sep 3, 2016 12:22 AM
       (by Mick [CA]) Sep 3, 2016 11:17 AM
       (by BRAD 20,000 [IN]) Sep 4, 2016 11:52 PM
       (by mick [CA]) Sep 5, 2016 10:38 AM
       (by mick [CA]) Sep 10, 2016 2:58 PM
       (by Naomi [NJ]) Aug 6, 2018 3:17 AM
       (by Bill E [CA]) Sep 12, 2019 8:07 PM
       (by Bill E [CA]) Sep 12, 2019 8:07 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

Breached stipulation (by Mick [CA]) Sep 2, 2016 6:30 PM
Message:

I haven't heard from my attorney yet, but tenant has breached the signed stipulation in UD court.

What happens now? Is the deal off? Immediate possession? --107.77.xx.xx




Breached stipulation (by Robert J [CA]) Sep 3, 2016 12:22 AM
Message:

Each time a stipulation is signed, I have it worded that gives the tenants "X" amount of time to move out or "whatever is agreed upon. If the tenants fails to live up to the stipulation, my attorney goes back to Court and the case is sent to the "Sheriff" for the lock out.

If the tenants appear on the court date, they can still contest things, however if I have "Proof" the Stipulation was broken by the tenants -- the eviction goes through.

So one of my stipulations said the tenants were to be out by 11:59 PM on a Sunday. So Monday morning around 5 AM I had the police show up and they found the tenants still on the property. I got a video and a police statement that I gave to my attorney at 7:30 AM. He sent one of his attorneys to court at 9 AM and had a hearing that resulted in the case going forward and we got a writ of possession/lock out 10 to 17 days latter.

Hope this helps --in the Los Angeles Courts --108.23.xx.xxx




Breached stipulation (by Mick [CA]) Sep 3, 2016 11:17 AM
Message:

@Jim -- wish you had been my lawyer!

I was itching to hear back from my attorney, but secretary said he was with a client when I called. A payment was due COB Wednesday and COB on Thirsday. This is my POS lawyer tenant, so it's really incredible that she would intentionally skip a payment, but that is the type of nutter she is.

I don't say this jokingly, but she has become obsessed with revenge tactics. She was crying on my attorney's shoulder telling him how much I've put her through, etc. She came to court unprepared and started spitting out California codes for reasons why she needed a continuance -- judge crushed that and told her as a practicing attorney she should have been prepared.

If anyone ever wanted to see an attorney visibly crash & burn this would have been the hearing to attend. She couldn't even understand the meaning of a bank check! --107.77.xx.xx




Breached stipulation (by BRAD 20,000 [IN]) Sep 4, 2016 11:52 PM
Message:

Mick,

Stay strong and stick with it!

"Attorney" is not a protected class and we do not rent to attorneys. The good ones can beat me up legally and the bad ones like yours just make life miserable.

BRAD

--73.146.xxx.xxx




Breached stipulation (by mick [CA]) Sep 5, 2016 10:38 AM
Message:

Oh, shucks, I said @Jim and meant to say @Robert.

@Brad - doubt if I will rent to anyone in legal field again. The PM placed this train wreck.

I had to sit down and re-read the stipulation once my blood pressure went down. This particular tenant has me a bit frazzled. She has previously denied entry on many occasions, bullied my Spanish speaking tenants, bullied the landscaper. harassed prospect tenants, told the pest guy she would subpoena him -- the list goes on. I feel like I'm in a horrible Lifetime TV movie.

The stipulation is on a San Diego court form. To summarize it says: she owes $2400 back rent payable at $200 per month - 1st payment due COB on 9/2. She owed September rent of $1200 due COB on 9/1.

Then if defendant fails to make a payment on due date my lawyer can file ex parte for a judgment without notification to defendant.

--76.238.xxx.xxx




Breached stipulation (by mick [CA]) Sep 10, 2016 2:58 PM
Message:

Crisis averted. The court was been petitioned for a writ of posession --132.3.xx.xx




Breached stipulation (by Naomi [NJ]) Aug 6, 2018 3:17 AM
Message:

I broke a stipulation with my landlord. Regarding an agreement I had too move out by the 1st of August. I don't owe any money or rent. I just agreed to move out. Can she just throw me out or does she have too get a warrant of removal first. Since she has an attorney I was thinking they could just go too the courts and get a judge to just throw me out! Is that possible since I didn't leave or do they both have to follow the procedure for a lockout as I've been told. --66.87.xx.xx




Breached stipulation (by Bill E [CA]) Sep 12, 2019 8:07 PM
Message:

I have a role reversal for you esquires out there. I had a UD case in San Diego. I had been sending maint requests since i movedin. Oven would not turn off, ran up a $500.00 electric bill over 11 months among other things. We had stipukated agreement. If i release possession of unit by 7/2, all fees rentscostswould be waived. Proceeding masked until 7/6 and they are to give me neutreal reference until 7/6. Iwas alreadymoving outofstate res manager would NOTanswer 29 requests for reference. New pm charged me additiinal 400 security as i had no current reference.

I documented everything, demand letters for res mgr to comply, documented returning the keys at 1155 pm 7/2, i have photos of me out of the unit before midnight. Everything sent to my pos atty, i get on the road, dtive outof state, manager calls ne PM, tells them the whole court story. I arrive on sight 7/5, they refused to rent to me lost my deposits, himeless my life packed in a uhaul stuck in themiddleof the desert.

Owner refused to return my deposit, they breached, what the hell am i to do? --172.58.xx.xxx




Breached stipulation (by Bill E [CA]) Sep 12, 2019 8:07 PM
Message:

I have a role reversal for you esquires out there. I had a UD case in San Diego. I had been sending maint requests since i movedin. Oven would not turn off, ran up a $500.00 electric bill over 11 months among other things. We had stipukated agreement. If i release possession of unit by 7/2, all fees rentscostswould be waived. Proceeding masked until 7/6 and they are to give me neutreal reference until 7/6. Iwas alreadymoving outofstate res manager would NOTanswer 29 requests for reference. New pm charged me additiinal 400 security as i had no current reference.

I documented everything, demand letters for res mgr to comply, documented returning the keys at 1155 pm 7/2, i have photos of me out of the unit before midnight. Everything sent to my pos atty, i get on the road, dtive outof state, manager calls ne PM, tells them the whole court story. I arrive on sight 7/5, they refused to rent to me lost my deposits, himeless my life packed in a uhaul stuck in themiddleof the desert.

Owner refused to return my deposit, they breached, what the hell am i to do? --172.58.xx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster

Reply:
Subject: RE: Breached stipulation
Your Name:
Your State:

Message:

Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible.
Email Address: