 Stipulation agreement (by Pacman [IL]) Sep 10, 2016 6:03 AM
 (by RathdrumGal [ID]) Sep 10, 2016 6:18 AM
(by RR78 [VA]) Sep 10, 2016 6:46 AM
(by TenantWhisperer [MA]) Sep 10, 2016 7:35 AM
(by TenantWhisperer [MA]) Sep 10, 2016 7:36 AM
(by TenantWhisperer [MA]) Sep 10, 2016 7:36 AM
(by cjl [NY]) Sep 10, 2016 7:57 AM
(by melinda [MD]) Sep 10, 2016 1:16 PM
(by mick [CA]) Sep 10, 2016 2:28 PM
(by Pacman [IL]) Sep 10, 2016 4:17 PM
(by Mick [CA]) Sep 10, 2016 4:42 PM
(by Pacman [IL]) Sep 11, 2016 5:29 AM
(by Wiseman [WA]) Mar 22, 2019 11:51 AM
(by SEObyAxy [QC]) Jan 19, 2021 7:38 AM
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Stipulation agreement (by Pacman [IL]) Sep 10, 2016 6:03 AM
Message:
Hi fellow LL,
Yesterday I received good news from my eviction attorney. The tenant showed up in court and wanted to do pay to stay. My attorney told me that this was good for me. We would write up a stipulation for the tenant to sign (he will have me review the stipulation first). I've never done the stipulation before and looking for some advice. Below are the basic items that my attorney said will be in the stipulation:
1. tenant will pay all back rent + legal cost
2. tenant will pay part of the total amount immediately and the rest in the form of installments
3. if tenant doesn't perform as agree, we could file a motion to seek "order for possession" without serving the notices (very important to me because this tenant was pretty good at avoiding to be served)
I don't have the exact amount for #1 yet, but it should be around $4,400. I'm thinking about asking him to pay $2000 now and $2400 spread out over 12 months ($200 a month). Frankly, I don't really need money that soon. I'm thrill that we could do #3; getting "order for possession" right away (eviction process in Chicago is long because of tenant friendly law). Would it be silly to give him 24 months ($100 a month) to pay the balance? So I would have the convenient of #3 for 24 months? I would even do 48 months ($50 a month) if the law allows.
Any suggestions/opinions are welcome.
Thank you
--73.22.xxx.xxx |
Stipulation agreement (by RathdrumGal [ID]) Sep 10, 2016 6:18 AM
Message:
I would get my money as quickly as I could. You already are dealing with someone who already blew off one contract (your original lease) and now you are going to enter into a second contract with him. What makes you think he will abide by the terms of the second contract -- especially once the panic of "I am being evicted, where will I go?" wears off?
In 2011, I worked with a woman who had bought a house at the height of the housing bubble. Her ARM was going to reset, and she could not afford the higher payments. She had heard that it took a year to get foreclosed upon. She decided to buy a new car first (because she knew it would ruin her credit) and then just stop making housing payments. Her plan was to live rent/house payment free for a year while she was foreclosed upon. She had no qualms at all about her plan. She was still working, her income had not gone down at all. She was pissed when the bank decided to short sell her house and she had to go rent an apartment. Some people just are not honorable. --98.145.xx.xxx |
Stipulation agreement (by RR78 [VA]) Sep 10, 2016 6:46 AM
Message:
Sounds like it was good news for the attorney since he will have more work. But I don't know your state laws.
Sounds like the tenant could not afford to move and this way buys more time.
They already had one written agreement (Lease) to pay. Why do you need another?
Here I would have went ahead and got possession. Then I would not have to go back to court or wait for the motion. I would have the option to evict, work out a payment plan or quickly evict if it did not work.
--73.251.xxx.xx |
Stipulation agreement (by TenantWhisperer [MA]) Sep 10, 2016 7:35 AM
Message:
Good thing you don't need the money - you aren't getting it.
If the tenny had $2000 he would have paid you the rent already. --66.30.xx.xx |
Stipulation agreement (by TenantWhisperer [MA]) Sep 10, 2016 7:36 AM
Message:
RR78 hit the nail on the head.
--66.30.xx.xx |
Stipulation agreement (by TenantWhisperer [MA]) Sep 10, 2016 7:36 AM
Message:
RR78 hit the nail on the head.
--66.30.xx.xx |
Stipulation agreement (by cjl [NY]) Sep 10, 2016 7:57 AM
Message:
I don't know about YOUR area but MY area the judges aren't going to wait "a year, 2 years, etc" for a payment plan to fall through. It's more of a "pay this now, pay this amount per (week, month, etc) and if not paid in full ON TIME by such and such a date - here's the warrant for eviction signed by the judge (which you do still need to serve).
But that's my area.
Also - what happens if they are paying you the arrears but NOT paying you the CURRENT month rent? How is the money being applied? Do you need to go through the process all over again for the "newly owed" amount? The courts typically cannot indicate or rule on "future owed" ...
I would ask your attorney THOSE questions! --69.201.xx.xxx |
Stipulation agreement (by melinda [MD]) Sep 10, 2016 1:16 PM
Message:
Suggest that you have an agreement with tenant that he will be garnished at work. This makes it possible for you to receive payments on a regular basis as long as he keeps his job. If others are garnishing him ahead of you, this may not work. Also, there is a certain amount that is safe from garnishment. ALSO--you are being too kind with low payments. You may end up chasing him for the payments. Get it done. --24.233.xxx.xx |
Stipulation agreement (by mick [CA]) Sep 10, 2016 2:28 PM
Message:
No. I would not do it.
I'm going through this now with a deadbeat. I was in eviction court last week and my attorney worked out a stipulation with the tenant. I didn't like it, but I felt pushed into it and I wanted to go in front of the judge and nail the tenants ass to the wall -- nothing but problems. Anyway the tenant breached the stipulation (a sweet deal) -- so yay for me -- tenant gets an eviction ding and I get a judgment for rent. So, in the stipulation it says it tenant breached then my attorney could go for possession without notice to defendant -- yay me! --132.3.xx.xx |
Stipulation agreement (by Pacman [IL]) Sep 10, 2016 4:17 PM
Message:
Thank you everyone for replying.
RathdrumGal [ID], most likely the tenant wouldn't abine by the terms but at least I would get two grands compared to nothing.
RR78 [VA], no extra charge for stipulation. It's included in the flat fee. The tenant actually tried to pay but after 5 days had passed. I didn't accept because I didn't want to train him to ignore the 5 day notice. I'm training him that by ignoring the pay or quit notice, we start the eviction process right away. Now he has to pay back rent + legal cost... Why do we need another written agreement? Because it 's the law. The lease was voided after he didn't pay after 5 days.
TenantWhisperer [MA], he had the money but I didn't accept. Read the reasons that I wrote for RR78[VA] above.
cjl [NY], interesting. In Illinois, it's always an installment plan. Most tenants wouldn't miss rent payment if they had money... Thank you for the advice on those questions. I'll absolutely ask the lawyer.
melinda [MD], great idea on garnishment. I'll check with my attorney if that's doable. I only used to do garnishment after they are evicted.
mick [CA], thanks for sharing your experience. I think you made the right decision to do the stipulation because you received partial money right off the bat, right? For me, I would not do the installment in the full amount. The tenant must pay $2000 immediately for me to accept this deal. Otherwise why do it? If he doesn't pay next month, at least I already recoup two month rent. --73.22.xxx.xxx |
Stipulation agreement (by Mick [CA]) Sep 10, 2016 4:42 PM
Message:
Nope, I never received one penny. Tenant was supposed to pay three days after the agreement and breached. She would rather have an eviction than to pay what is owed. Eviction filings are masked for 60 days before they go live to the public, so hopefully she moves before a new LL finds out. Southern CA is a hard rental market and I suspect she will be practicing law from a shopping cart soon. --71.92.xxx.x |
Stipulation agreement (by Pacman [IL]) Sep 11, 2016 5:29 AM
Message:
Mick[CA], sorry to hear that your deadbeat didn't even pay a penny. Well, good news is that you only lost 3 days. She was given the last chance and screwed it up.
Yes, I've heard that CA rental law is very bias. The 60 day before going public law is a big yuck! Can you imagine the next LL who tries to check your tenant background and would not know that she's being evicted. It's a very unfair law. --73.22.xxx.xxx |
Stipulation agreement (by Wiseman [WA]) Mar 22, 2019 11:51 AM
Message:
In my home state once an eviction is filed it shows up IMMEDIATELY. Prospective landlords can find out easily when they do the screening --67.160.xx.xxx |
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Message:
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