[winks1]

My landlord and I went to court for our unlawful detainer hearing. We were given the option to go to mediation instead, which we did. The agreement made was this: We had two options on paying our landlord. The first was to pay $4900 by the 22nd of may (this was only if we were able to sell our truck by then) OR to pay $3500 by the 23rd and to pay the balance by the 10th of June. On the 23rd, we had $500 dollars, which the landlord accepted and agreed that we could pay the $3000 balance on the following Tuesday. We paid the $3000 but he now is telling us we have to pay the remaining balance by the 6th or he will file a writ of possession with the court and get a default judgement because, he says, since we did not pay the $3500 by the 23rd we were in breach of the agreement. I think because we HAVE paid the $3500 we now have until the 10th to pay the remaining money, per the agreement. Just because HE accepted the payment on a later date doesn't mean he can now void the agreement. As it stands right now I say we are in compliance with the agreement and he can't change it because he accepted the money on different dates. We live in California, Solano County. Thank you for any answers you can give me.

[Credendovidis]

You did not pay as per the arranged conditions. So you are not in compliance with the agreement. And therefore he has every right to change his demands now.

Just take this up with a legal representative (lawyer - legal department nearest university) asap to have an official position on paper before the 10th and have it handed to him in person.

Success.

[LisaB4657]

I find it very hard to believe that a judge would grant the landlord an eviction unless you don't pay the balance by the 10th. The landlord agreed to accept the $3000 on a later date and, as of this date, all amounts that were due at this point have been paid.

When it comes to a court-mediated agreement, the parties can agree to make and receive the payments later than originally agreed, but one party cannot unilaterally change the agreement to make the payments due earlier than agreed.

[ScottGem]

The landlord is blowing smoke. First off, he cannot get a default judgement unless you don't show up at the hearing. If he wants to claim you violated the mediation agreement, he's going to have to prove it. Did the mediator tell you exactly what would happen if you did not live up to the agreement?

Since he accepted the money, I doubt if a judge will grant him a judgement.