Wrongful Eviction Settlement Concerns

Summary

If you feel forced into a settlement agreement regarding wrongful eviction, its important to consult with a lawyer. Court stipulations can sometimes override Fair Market Rent laws if agreed upon, but if you didnt consent to specific terms, their enforceability might be questionable. Consider discussing the situation with your lawyer, especially if there are pending harassment and intimidation suits. Additionally, if your landlord delayed actions, leading to increased debt, this could be contested. Invalid notices and backdated documents may also be challenged legally. Local tenant protection laws in Los Angeles might offer additional support.

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After 9 months of wrongful eviction attempts, the landlord desperately settled to avoid my jury trial.
Hi C'Leste! It sounds like you've been through a challenging time with your landlord. Did you receive a written settlement agreement, and are you satisfied with the terms?
Yes & no. I felt forced into the settlement. (Paying amount due, nothing less) But in the stipulation it also says the current rent has to be paid on the first. In addition to the back rent, $3k, paid on the 31st. My rent is lower than the Fair Market Value. Can the court stipulations drawn up by the lawyers override the FMR law?
If you felt forced into the settlement, you might have grounds to challenge it. Generally, court stipulations can override Fair Market Rent (FMR) laws if both parties agree to them under a settlement. It's essential to review the specifics with a lawyer.
Have you consulted a lawyer regarding the terms of this settlement?
I didn't agree to that. I only agreed to the back rent settlement. It's not fair to expect me to come up with. $*/mo. When everyone else has a grace for the $* base rent.
C'Leste, it's important you consult with a lawyer regarding the settlement agreement. They can help determine if the terms were forced or if there is a possibility to renegotiate.
Have you already consulted with a lawyer? If not, I can guide you on how to find one.
I already felt singled out & set up to fail. & Harassment & intimidation suit pending. So I'm the only person in Los Angeles that *can* be evicted for that because they added it to the stipulation. That rent must be paid when it's due. It's like that for everyone, but they can't get evicted if less than the FMR behind
Hi C'Leste, it sounds like you're in a tough spot. Given the specifics of your situation and the pending harassment and intimidation suit, it's crucial to get detailed legal advice. Have you discussed the stipulation and its fairness with your lawyer handling the harassment and intimidation suit?
Not yet. Wanted to know if they made a mistake by adding that of if the law would make it unenforceable
Hi C'Leste, it's important to consult your lawyer about the settlement terms and stipulations. Generally, if you didn't agree to specific terms, the enforceability might be questionable. Discussing this with your lawyer can help clarify and possibly challenge the stipulation.
Have you considered reaching out to a legal aid organization in Los Angeles for additional support?
They've been trying to enforce rent on the 1st, 2 years ago. & I asked them then if it's optional & if the owner can just ignore it. So they've been trying to get away with it before the stipulation
Hi C'Leste, it sounds like you have a complex situation. Generally, a landlord's attempt to enforce rent payment terms should be consistent with the rental agreement and any applicable laws.
- Consult your lawyer about the enforceability of the stipulation.
- Check if any local tenant protection laws apply.
Would you like information on local tenant protection organizations?
Why would the lawyer add that in the stipulation if I'm below the FMR & entitled to that protection. & Need it now more than ever
Hi C'Leste, it sounds like a difficult and frustrating situation. A lawyer might add such stipulations to a settlement if they believe it will expedite resolution or if they overlook specific protections you should have. Consult with your lawyer to review the stipulation's fairness and enforceability. Would you like information on tenant protection organizations in Los Angeles?
Also I my land Lord delayed & dragged this out * extra months. If they had filed the UD after my 3 day notice, I would have to pay $*. But due to their Intentional stall, the debt grew to $18k. & Now I have to pay they back in * mos, as if I was behind that much, when they wasn't the case. They offered to waive $40k if I left
Hi C'Leste, it seems your landlord's actions have significantly impacted your financial situation. Here are some key points to consider:
- Unlawful Detainer (UD) Delays: Landlords must act promptly after a *-day notice; unnecessary delays can be challenged.
- Settlement Terms: If the settlement was forced or unfair, consult your lawyer about challenging it.
- Tenant Protections: Local tenant protection laws in Los Angeles might offer additional support.
Would you like information on local tenant protection organizations or legal aid services in Los Angeles?
I was served a 3 day notice in May, with debts over a year old. I didn't know until October that it was Invalid all along. They backdated a new different *-day notice to file the UD either, since the original one was invalid. With an extra $7k accumulated while they stalled with the Invalid notice. At my expense. Then I finally had my court date Dec *. I asked for a continuance, bc I only had * business days to prepare for my jury trial. But the judge made us settle
Hi C'Leste, it sounds like your situation has multiple complications. Here are some important points:
- Invalid Notice: If the initial *-day notice was invalid, the subsequent actions based on it could be contested.
- Backdating Documents: This could be considered fraudulent and should be addressed by a lawyer.
- Settlement: If you felt forced into it, you might still challenge it, especially if terms were unfair.
Given the complexity, it's crucial to consult a lawyer. Do you need information on legal aid services in Los Angeles?