Extension, Renewal stipulation greater than the amount awarded in judgment

[Dannielle]

Jurisdiction

New York

Hi there,
I am a landlord and had a tenant in a "holdover" case because they were staying in the apartment without a lease for 2 months. They did not pay in that time period. I got them to sign a stipulation saying that they would pay rent and legal fees, but the judgment says that they owe $0. Do I have any recourse to get the amount agreed to in the stipulation?

 

[army judge]

Hi there,
I am a landlord and had a tenant in a "holdover" case because they were staying in the apartment without a lease for 2 months. They did not pay in that time period. I got them to sign a stipulation saying that they would pay rent and legal fees, but the judgment says that they owe $0. Do I have any recourse to get the amount agreed to in the stipulation?

The time to have made a case for what you allege the tenant agreed to pay was during the eviction proceeding.

However, you could try to seek a judgment on the agreement the deadbeat signed before a small claims court.

I'd let it go, been there done that, and deadbeats rarely pay.

You could end up with a judgment saying DEADBEAT DAVE owes HONEST Landlord $5,000.

Let's face it, you'll never collect anything from a deadbeat.
You'll only end up more frustrated.
But, if you think you can collect, assuming you get the judgment, go for it!

Good luck, happy hunting.

 

[Betty3]

If you believe it's worth the time & trouble, you can try suing in small claims court. However; even if you win, you have to collect on the judgment. The court does not collect it for you.

 

[Dannielle]

The time to have made a case for what you allege the tenant agreed to pay was during the eviction proceeding.

However, you could try to seek a judgment on the agreement the deadbeat signed before a small claims court.




Actually, ArmyJudge, I'm the one you're calling a deadbeat.

I am trying to take care of my obligation. The financial advisor that I'm working with read my paperwork and judgment and pointed out that the lawyer representing the landlord tacked on $5000 in legal and late fees when he did the math for me. It was extremely overwhelming and happened so quickly, that I didn't even see it.

This financial advisor who is familiar with people who have found themselves under financial duress (not deadbeats) knows that courts don't normally award legal and late fees in these types of judgments.

So...
1. There is a judgment of $0 awarded to the landlord, which I am unfamiliar with BECAUSE I know that I signed a stipulation saying that I would pay a certain amount.
2. The amount owed, according to the landlord's files is much more than the amount I signed on the stip.
3. The amount owed in back RENT, according to the landlord's files, is about half the amount I agreed to on the stip, and 2/5ths the amount according to the LANDLORDS current records.

If the judgment says ZERO, what am I required to pay?

If the judgment says ZERO, can I re-negotiate the stipulation, EITHER through the courts because of the fact that legal fees were added, that I was unaware of?

If the judgment says ZERO, can I negotiate directly with the LANDLORD to keep this out of civil court, and from potentially going onto my credit report?

Thanks in advance, JUDGMENTAL JUDGE.

 

[Dannielle]

If you believe it's worth the time & trouble, you can try suing in small claims court. However; even if you win, you have to collect on the judgment. The court does not collect it for you.

Thank you, Betty.

Could you look at my reply to the other person who comment and answer those questions, if you have a moment?