Q: What happens if landlord wants to reopen a settled holdover eviction case to make me repay money he paid me to moveout?
So, I had a settlement in court for a holdover eviction case. My eviction was stayed until Nov. 1st, 2022. I could not move out by the date agreed upon because I could not find an affordable place to live. I was never issued a warrant of eviction, but instead the Petitioners want to reopen the case and order me to pay back the money they paid me to move out by the agreed upon date. How does this work?? What should I expect to happen?
They also beforehand requested that the judge update the warrant of eviction because the sheriff could not serve it because the address was incomplete. This request was made Nov. 10th, never got a response from the judge regarding updating the warrant so it can be issued. Now they want to reopen the case.
A:
Dear Buffalo Tenant:
More than what you observe is going on. Start with the wrong address. An address of the premises sought to be recovered in a summary proceeding is a material element of the pleading of a petition. If the wrong address is stated in the Petition, then there is no ability for the Court to enter a legitimate judgment for possession and have the Sheriff serve an Eviction Notice. If you knew the address was wrong when you settled, the Court may consider the landlord has the right to amend the petition to state the correct address, but there is no method I know of that allows an amendment of the Notice of Petition to change the description of the initial and wrong premise to the correct address.
The other part. Yes, the landlord wants back the buyout money. The consideration paid for a voluntary surrender was given to you but you failed to perform your end of the agreement. It is the same as going to the butcher on Tuesday to pay for a Chicken you will pick up on Friday and the butcher not having that chicken for you when you expect to have Friday dinner. The butcher cannot keep your money because he did not deliver the chicken. You did not deliver possession and so cannot keep the money.
You may be back to square one if the Judge vacates the settlement agreement, you may even have a right to a trial. But I strongly suggest you have an attorney if this eviction lawsuit is revived.
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