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Stipulation/Impending Eviction

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#16
You didn't like my advice then and you won't like it now.

Take all of your excess belongings out of the apartment and place them in a storage unit. If they are insisting on pro carpet cleaning, get it done. Hire help to assist you in doing all of this. It will be much cheaper for you than an eviction. Having your things stored will be help with a move anyways, as you now claim to be intending to do...
Hi again, Xylene.

I did. :)

I pretty much started doing all of that before I got the notice. I had let the rental agency know I had arrangements for all of that and it'd be complete by the end of the year. They said that was fine. And I did.

I hired professional cleaners when I was able to, but unfortunately the holidays delayed anyone from coming out that soon. There aren't any physical issues anymore. As I said to a previous poster, I'm just going for damage control right now. Feel free to read my last couple of responses for where things stand on that.
 


#17
@xylene

Sorry, I keep forgetting the @ sign to ping.

I wanted to apologize to you for my first post. At the end when everyone was at their wits end I realized that you and I were arguing over an initial typo I made. I had meant to tell you that moving wasn't going to happen, but in reference to me, and it was only later I realized you probably meant my STUFF. And so I was trying to say we had, but I think it was just too far down the drain at that point. In any case, I am sorry about that.
 
#19
I might be stuck in my head because I have a thought disorder related to OCD and PTSD from physical assault. I am extremely agoraphobic. I very rarely ever leave the house and I suffer extreme paranoia when anyone I don't know (and even many I do) come in to my "safe" space. I was hoping I could avoid more strangers coming in as I'm fully cooperative and committed to making this right.

Hope that makes sense.
 

FlyingRon

Senior Member
#20
You can disagree all you want, but if they're bent on a professional cleaning, I would AGAIN not be surprised if they tried to take it out of the deposit. If that doesn't happen, good. If it does, we can talk to you about how to protest it.

However, to "damage control" for you, GET OUT before you're evicted. The stipulations mean nothing (court filed or otherwise) if you're not intending to comply with them. If you get EVICTED you will find it difficult to find new housing with that on your record.
 
#21
You can disagree all you want, but if they're bent on a professional cleaning, I would AGAIN not be surprised if they tried to take it out of the deposit. If that doesn't happen, good. If it does, we can talk to you about how to protest it.

However, to "damage control" for you, GET OUT before you're evicted. The stipulations mean nothing (court filed or otherwise) if you're not intending to comply with them. If you get EVICTED you will find it difficult to find new housing with that on your record.
I'm not feeling as though you're understanding what I'm saying. The professional carpet cleaning is part of the stipulation to continue tenancy. Basically if I sign it and comply with the terms, the eviction will be dropped.

I'm really very confused as to why you think I'm not planning on complying with the stipulation. Or, why, if this stipulation to keep my tenancy you're trying me to get out?
 
#22
Furthermore, the stipulation does not state it'd come out of my deposit, it states that I have to pay for it. Which is why I was hoping if I had any options to show her I already cured the problem I might 1) save some money and 2) offer her peace of mknd on the issue since she seems very worried about it.
 

FlyingRon

Senior Member
#23
Forget about the stipulation. Unless both sides agree to it and you bring it up in the court proceedings, it means nothing.

Either: Pay to have the carpets professionally cleaned or take your lumps when you move out. Anything else will make you look like you did mess things up and are weaselling.
 
#24
Forget about the stipulation. Unless both sides agree to it and you bring it up in the court proceedings, it means nothing.

Either: Pay to have the carpets professionally cleaned or take your lumps when you move out. Anything else will make you look like you did mess things up and are weaselling.

@FlyingRon
As I've stated numerous times, I am doing the carpet cleaning. This Stipulation was.offered to me through the landlord's attorney which states that the Eviction will not be filed if I sign it.

And now it's starting to seem like everyone is just feeding off the same points, telling me over and over and over again something that isn't even a thing.

Could you explain to me how there stipulation means nothing if this goes to court? Or, explain how complying with it means nothing and means court? Because if I'm not evicted then why am I moving? I'm not planning on moving until my normal lease ends. That's the whole point if this, isn't it?

Of course both parties would sign. They wrote it, not me.
 
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FlyingRon

Senior Member
#26
Because you keep saying the same thing over and over again, despite what we're telling you.
If you want to go the way of the stipulation, have the carpets cleaned as they specify.
Otherwise, move out and let us know if they take issue on the security department (they may, or may not).
If you don't do anything or just be obstinate, they will take you to court and they will record an eviction against you and that would be bad (even if you plan to move anyway).
 
#28
So when I sign this stipulation, the part that talks about waiving my right to legal counsel once signed, is normal and not indicative of anything I should worry about?

We've established: I'm doing the stipulation and junk and I know what happens if I don't comply, etc., etc.

Is there anything else I should consider?

Does anyone have any other thoughts regarding this situation or what I can expect when it's signed, assuming I comply with my end? Does the fact that the landlord's agency determines what's "good enough" need to concern me since during the Cure or Comply they led me to believe there weren't any issues, to only then serve me with an Unlawful Detainer? What are things I can do while completing complying to make myself feel less anxious and help me to learn how to work with the system better?
 

FlyingRon

Senior Member
#29
Any clause barring you from getting legal counsel is not going to be enforceable. Are you sure a LAWYER generated such? Anyway, if you comply with the stipulation, you may bring it up at the UD hearing and have a good case. You said they wanted proof a commercial cleaning. There doesn't seem to be much interpretation to be had there,.

And of course they served you with the UD. Once you do not comply with the Cure or Comply, you pretty much tied their hands to do anything else. As stated, the stipulation agreement means nothing until both parties sign it and you comply with it. Until then, it's purely an offer on their part. No LAWYER OR CLIENT IN THEIR RIGHT MIND WOULD STOP THE UD BASED ON YOUR claims of intent. If you flake out and don't agree or comply, they'd have to start all over again from scratch costing them TIME and MONEY.

You keep changing your story, I can't keep up with it. I'm done here.
 

Zigner

Senior Member, Non-Attorney
#30
Any clause barring you from getting legal counsel is not going to be enforceable. Are you sure a LAWYER generated such?
I think you're misinterpreting the clause. I believe the clause is there to state that the signer is aware of his right to consult legal counsel prior to signing and has decided to waive that right and sign anyway. In other words, it's certifying that the signer has decided not to consult legal counsel, not that they can't.
 
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