who breached the contract?

UPDATED: May 9, 2009

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who breached the contract?

I did not pay rent for feb. Eviction process began, however landlord stopped the process when I paid for feb. and march on March 1. However a stipulation for four months was agreed between the both of us, that I would pay rent no later than the 4th of every month. Later in the month of march, I was called in to sign a new lease that raised the rent. The stipulation was not carried over I wan not able to pay by the forth and now I may be evicted for breach of contract. Did the landlord have the right to raise the rent and ignore the court ordered stipulation?

Asked on May 9, 2009 under Personal Injury, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This was a court ordered stipulation? Again, how did the court order a stipulation? If he began eviction proceedings, did the court stop the proceedings because you paid and signed the stipulation? The landlord (depending on the type of lease you have --length) has the right to raise your rent but not until the lease is up.  Sounds like you have a month to month or at most by the stipulation a four month lease.  You have the responsibility to make sure everything in the contract you sign is what you agreed to (including any previous agreements).  If you didn't incorporate the stipulation into the new lease agreement, and the new lease agreement begins past the four month term, you are out of luck. 

If it is within the four month term, go to court and ask the court to force the landlord to void the new lease agreement and peform according to the court ordered stipulation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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