Q: Can a landlord evict a tenant without a judge overseeing it Does a stipulation of settlement have to be signed by a jud
I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.
Stipulation said landlord gets property back March 31 2024. Landlord forgives all back due rent.
I now have a $400 increase in rent until end of March. March 31 it hit me that I have never been in front of a judge. Does this make the settlement null and void?
Anyway they said I could stay til the end of May at another $350 more a month. Thats a $750 hike in 5 months.
Plus on top of it there is a habitability issue that I don't know where to go or what to do. Should I go to a court now about it or wait to use against landlord in case of an eviction.
They do not respond to rotting windows, water damage,insect infest and hot water won't shut off. 5 yr waiting.. What can I do if anything?
I'm 65 & disabled
A:
Dear Amenia Tenant:
You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746
You made a deal to move out in exchange for not paying the landlord any of the unpaid rent.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
