Rent Payment Under Dispute

[catty2004]

My question involves an eviction in the state of: California

We had eviction dispute with our property management; however, most of it has been resolved. However, the attorney represents property management made a mistake and told us to pay a wrong amount and is now ask us to pay more. In addition, he said if we don't pay the additional amount by a certain date, the eviction is still valid. We have two questions: 1) Can they ask us pay more when by email the attorney confirmed the initial amount would resolve the case; 2) how do we file a pay under dispute so we don't get evicted simply because we didn't pay by the specified date but still retain right to contest the payment?

[Mr. Knowitall]

I cannot see the judgment from where I'm sitting, and have no information about how much you were ordered to pay or how much you've paid to date. If you had an actual settlement agreement, entered in court and reflected in the judgment that says, "You pay $X", and now the plaintiff's lawyer is saying, "We left out some money, so you have to pay $X plus $Y", you can tell him that the case is over and you're only paying $X. IF you are supposed to pay $X, you talked to somebody on the phone and he said, "You paid $A toward $X, so your balance is $Z", but he miscalculated the amount of $Z, you would still owe the actual balance due. The rest depends on the facts.

[Foster_Foster]

I don't presume from your post that there's any $$$ judgment, and it is unclear whether you're referring to an eviction order that gives you an option of paying up what you owe (and that it states an amount). You say this person "made a mistake" -- either you owe X or you owe Y.

"Can they ask us pay more when by email the attorney confirmed the initial amount would resolve the case..."

Hon, they are TELLing you to do X, not asking, but in any case of course they can.

"how do we file a pay under dispute so we don't get evicted simply because we didn't pay by the specified date but still retain right to contest the payment?"

You can't expect folks to know precisely what you need to do from here. If there is a *writ of possession*/eviction order that a court entered, then you'd look to CA's self-help center or sweet-talk the court clerk about how you address this and ask the court to clarify its order. (Still, if there is an order that says you owe $X and there's no "plus attorney fees" or whatever else, then you may rely on that and note in a letter to this attorney that you paid up X and that satisfies the order. I'd send anything in writing certified mail.)

[catty2004]

I cannot see the judgment from where I'm sitting, and have no information about how much you were ordered to pay or how much you've paid to date. If you had an actual settlement agreement, entered in court and reflected in the judgment that says, "You pay $X", and now the plaintiff's lawyer is saying, "We left out some money, so you have to pay $X plus $Y", you can tell him that the case is over and you're only paying $X. IF you are supposed to pay $X, you talked to somebody on the phone and he said, "You paid $A toward $X, so your balance is $Z", but he miscalculated the amount of $Z, you would still owe the actual balance due. The rest depends on the facts.

Thank you very much Mr. Knowitall. We didn't enter into court process, but settled outside. The attorney emailed me and asked to pay X, which he confirmed the second time that X will resolve this dispute. After I paid X and 2 weeks later, he emailed me again saying that they have miscalculated and now I need to pay Y more. The reason I'm not sure whether it is X or X+Y is because I don't owe them any rent, but just late fees, which is very unreasonable because I'm only late by a few hours, not by day(s). Also, the way they calculate the late fee isn't clear, hence I want to pay the Y amount so to avoid being "late", but still want to retain the right to dispute this unclear amount.

[Mr. Knowitall]

Do you have an agreement, signed, dated and in writing, with the attorney? Any written confirmation of the deal, even if by email?

[catty2004]

Do you have an agreement, signed, dated and in writing, with the attorney? Any written confirmation of the deal, even if by email?

Yes, here is an excerpt from the second email when the attorney confirmed the amount:


----- Forwarded Message -----
From: Attorney
To: Me
Cc:
Sent: Tuesday, July 10, 2012 1:12 PM
Subject: Re: Payment of $2,710 to Property Management

Confirmed. Thanks for your assistance bringing the matter to a close.

Attorney, for Property Management

----- Original Message ----- From: "Me"
To: Attorney
Sent: Tuesday, July 10, 2012 10:06 AM
Subject: Payment of $2,710 to Property Management


Dear Mr. Attorney,

Per our conversation yesterday and our talk on the phone today, my understanding is that by writing a check of $2,710 to Property Management, you will cancel the legal case against me as all the late fees, and legal fees paid off. Next month I will pay rent for August only. If this is correct, please confirm and I will mail you the check today.

Thanks,

Me

[Browne]

People can't change their stories in mid sentence like that. You go by the first legally binding agreement that was made. They're just not admitting that they may have made a mistake the first time. You don't have to pay the extra amount I think.

[catty2004]

Thank you very much! I agree with your assessment!! Given the attorney recently sent me an email for $460 more and said due before 5th of Aug. if not eviction is back in motion. What can i do? I don't want to be evicted simply because i missed the "due date", but i want to have more time to dispute these charges with them. How can I do a pay under dispute?

[Mr. Knowitall]

If he files, you raise satisfaction as an affirmative defense, present your proofs in court, and the judge will decide.