Unconditional Waiver

Hi All,

Can someone help me understand the following statement in a stipulation of settelment from a holdover proceeding: "The waiver provided shall be unconditional and tenants shall not seek to stay of landlord". Can a tenant still file an order to show cause given what the statement says? Thanks in advance.

Asking folks to explain something out of context isn't the best idea (it's also a bit garbled with the "shall not seek to stay of landlord").

You also don't describe relevant details as to what the purpose of an order to show cause would be.

Thank you for your reply. The purpose of the order to show cause is to stay an eviction in this case. I am the landlord in a legal battle with a deadbeat family of 5 for over 5 months now. It started as a non-payment case but it got converted to a holdover in consideration of me waiving 4 months of rent. The stiplation stated that the tenants have until 12-31-2013 to move out with a 5 day grace period. At the end of the grace period, they filed an OSC claiming they couldn't find an apartment due to a shortage of rentals from hurricane Sandy. My question is, how could the tenants get an OSC when the stipulation clearly states that the "The waiver provided shall be unconditional and tenants shall not seek to stay of landlord" (sounds garbled but that is what's written on the stip) which to me means they waive their legal rights and cannot seek any stays.

Sorry, but they can DO whatever they want to DO and SEEK whatever they want to SEEK.

What matters is how you respond to it and defend against it.

And, apparently, you haven't done so well in that department if they are still living there without paying rent.

Did you file a response to the OSC giving grounds why it shouldn't be granted? Did you ask for a hearing?

If you didn't, that's why they got it granted.

I suggest you avail yourself of the services of an attorney or this is likely to drag out for another 4 months or more.

Seems like you are faced with professional deadbeats that know how to work both the system and unknowledgeable landlords.

I do want to respond to the OSC to give grounds that it shouldn't be granted but my lawyer (who specializes in tenant-landlord disputes) said it was not worth it. Apparently the Judge signed the OSC the same day that the deadbeats applied for it. Next court date is 1/24. Was hoping I can do something denied their OSC in the mean time. Should I insist that my lawyer file a response anyway or is it too late (or fruitless as my lawyer implied)?

ken212:

I do want to respond to the OSC to give grounds that it shouldn't be granted but my lawyer (who specializes in tenant-landlord disputes) said it was not worth it.

Oh, you have a lawyer and you are second guessing him and coming to strangers on the internet.

ken212:

Apparently the Judge signed the OSC the same day that the deadbeats applied for it. Next court date is 1/24. Was hoping I can do something denied their OSC in the mean time. Should I insist that my lawyer file a response anyway or is it too late (or fruitless as my lawyer implied)?

If the judge already signed it, there isn't likely anything you can do about it except tick off the judge by questioning his authority.

Besides, you probably couldn't get anything filed and acted upon before the 24th anyway.

I think you are stuck just waiting for the hearing.

Being an ex-NYer I'm aware that NY (and NJ) courts are notorious for allowing tenants to get away with that crap for months on end. I wouldn't own a rental there. You might want to think about that. 

Thanks - that puts me to rest a little. At least that tells me my lawyer isn't as incompetent as I thought he is. I'll be out of my freaking mind if I decide to rent out again after this. ***heck NO.

Well, it sounds like you either need a property manager or need to invest in a partnership that has a professional managing its porfolio.  (It sounds like you didn't do proper due diligence on these folks before renting because the types who will do this are easy to spot if you do proper background checks and checking/verifying of rental history, etc. -- absurdly simple to do these days.  There's also you evidently not moving early and hard on issues (as in, issuing a notice to pay or quit and then an eviction action the first day they were late ... not letting them off the hook in terms of rent, etc.  I presume since they've violated the terms of settlement that you will go after all the rent owed, plus attorney fees, etc.  (I'd like to think your contract covered them paying attorney fees related to actions such as your own, but ...)

ken212:

The stiplation stated that the tenants have until 12-31-2013 to move out with a 5 day grace period.

I hope that is not what it said. If you didn't make a typo, that would mean they have until the end of this year, i.e. over 11 more months, to move out.

You're right...what I did was I relied on a Real Estate Agent do all the background check for me and took his word that the tenants' credit and background are good: one of the biggest mistakes I ever made.  This is my first and last time renting out my house so finding a good property manager is mute at this point. What I hope to get out of this forum is advice on arguing my case at the next court appearance and get the deadbeats out asap.

I was a landlord for 20 years and as much as I'd like to help, all I can do is suggest you rely on your attorney to argue your case.

He's got all the information and knows the landlord tenant rules and climate for your area.

Not that it will get you one more dime collected out of deadbeats but I,d probably ask/want my attorney to pull my waiver of past rent back out of equation...failure of consideration? 

Thank you all for the advices...

I don't know what you signed with realtor but be careful..I.m aware of some ny deals which get realtor a renewal fee even if tenant does not pay!  ANd some which sort of lock you in to use them if you seek to sell.

No alert ll is likely to take them on...

A liberal bench may give them excuses until summer 

You probably won't see a dime anyway and it's daunting to try and sell a place with deadbeat inside.

You might be wise to discuss cash for keys w your attorney..it sometimes works ...it may take street smarts and a big big stack of $20s and brass ones to work..but if it works it may cut the Gordian Knot.