Cana stipulation for an unlawful detainer be modified if it was signed under duress?

I was sued by my landlord. The hearing for unlawful detainer was the same day that I was to start a new job. Spoke with his lawyer on phone explaining that I could not make court. Lawyer set amount at $800 per month over my monthly rent. I told him that I didn’t know how much my take home pay would be. Now, as it turns out, I cannot afford an extra $800. I’m now being threatened with eviction with no further court hearing.

Asked on December 27, 2010 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well there may be a better reason to have it set aside but I think that what you need to do is to hire an attorney to help you in this.  It is obvious that the cards were stacked against you and the attorney set the rent at an exorbitant rate over and above your regular rent given your explanation of the circumstances involved.  Your attorney needs to make a motion to modify the stipulation and/or to set it aside.  You have proven to the court that it is your intent to make good on the debt that you owe but that given your economic circumstances you can not pay the amount that had previously been agreed upon.  No court will hold that against you, especially if you explained it to the attorney to begin with and it was ignored. Get help.  It will be costly if you do not.

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