Posted by RichV(FL) on October 07, 2003 at 06:07:46:
Hank,
I have never used anything like this. I would be curious to know if anyone has experience using this form also.
Regards,
RichV(FL)
FL - Stipulation to pay partial rent document - Posted by Hank FL
Posted by Hank FL on October 06, 2003 at 20:44:58:
Here’s the doc:
IN THE COUNTY COURT, IN AND FOR
_________________________COUNTY, FLORIDA
(Insert case number assigned by Clerk of the Court)
STIPULATION
(Insert name of Landlord)
Plaintiff,
vs.
(name of tenant)
Defendant
The parties to this action hereby stipulate as follows:
-
The defendant acknowledges the sum of $________ to be due and owing to the plaintiffs.
-
In partial payment of the above debt, the defendant(s) agree(s) to immediately pay to the plaintiff(s) the amount of $_____, and the balance of the above debt will be paid as follows:
$ ______dueon _________________
$ ______dueon _________________
$ ______dueon _________________
In addition to the above-stated amounts, the defendant, as a further condition hereof, agrees to pay to the plaintiffs the sum of $_______ on the _______ day of each month, in cash, representing periodic Installments payable under the rental agreement between the parties for rent of the subject residential premises.
-
If all of the foregoing sums are paid as set out above, in full, in cash, and when due, this action shall be dismissed with prejudice, and each party does hereby release the other by a general release as if set out here in full.
-
If any of the above sums are not paid as set out above, the plaintiffs shall be entitled to a Writ of Possession to be executed forthwith upon the filing of an Affidavit of Non-Payment. Defendant hereby waives a hearing on plaintiffs? application for an order of tenant removal in such case.
If defendant should default in any of the above payments, and defendant abandons possession of the dwelling or is lawfully evicted by reason of such default, it is agreed that plaintiffs shall be entitled to a money judgment for any of such payments as are in default at the time of defendant?s abandonment or eviction. Defendant waives notice and hearing on plaintiffs? application for such money judgment.
Dated: ____________________,
Plaintiff Defendant
Anybody in FL using this ? I had it explained to me over a year ago, but I’m kinda coming up blank right now.
It’s supposed to be a very smart thing to do sometimes, but I’d like a refresher on the details.
The language seems to indicate that a landlord would be able to accept partial payment while still keeping the eviction “open”, no ?
Re: FL - Stipulation to pay partial rent document - Posted by Ken (in Iowa)
Posted by Ken (in Iowa) on October 07, 2003 at 08:37:03:
Hank,
I have no knowledge about Florida, but as a long-time landlord here, I can tell you about Iowa. This form is virtually identical to a Stipulation that I would use in this situation - I have started an eviction against a tenant, and the tenant now has a portion of the rent. The tenant then agrees to pay the remainder of the rent owed at set dates. If the tenant does not do so, I can immediately get a Writ of Removal and proceed to the Sheriff’s office to have them arrange a date and time for me to forcibly evict the tenant.
So your understanding of the ramifications of the document is correct, at least in terms of Iowa law. I suspect it would be the same in Florida.
In Iowa, this Stipulation would be worked out at the Courthouse on the date of the eviction hearing, either directly between me and the tenant, or through the use of a mediator supplied by the county. One of the really cool things about using a Stipulation is that you can address their future rent until they are caught up - it’s a great insurance policy that they’ll follow through with their promises. Obviously, you should feel comfortable that the tenant has a decent chance of following through or you would simply proceed with the eviction now. Don’t postpone the inevitable, but you can give them a chance if you think they might pull it off.
Sorry for the length, but hope this helps,
Ken (in Iowa)