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Does anyone know anything about a rental stipulation?

Having a dispute with a tenant or landlord? Rental Law discussion

Does anyone know anything about a rental stipulation?

Postby ricard83 » Thu Apr 07, 2011 5:05 pm

I have a friend who is a renter here in SW Fl. Last month he was served an eviction notice. It went past the three days and was set to go to court for final eviction. After he went and talked to the lanlord, he (the landlord) stretched and gave him some extra time with the stipulated agreement. According to the agreement, he was supposed to pay all of the moneys due on before Friday, 3/18, or they can move for immediate final judgement and writ of possetion without a hearing. Also, in section 3 on that same stipulated agreement is the order to pay all future rents on the date they are due accrding to the lease/stipulation or they could move for immediate final judgement and writ of possetion without a hearing.

On the 21st, 3 days after the due date, he brought to the landlord a about $900 of the $1500 that was owed. The receptionist that works at the front desk took it and gave him a reciept. He told her he would be back later with the rest, he didnt see or talk to the landlord. The day after that he paid the other $600 (plus another $100 towards the $900 for April rent which is due on April 1).

He is saying that because they accepted the payments, that now they will have to make up a patition to modify the stipulation, so the eviction process has now been stopped.

My question is, I know that that is how it works when a normal eviction proceeding, but what about a stipulated agreement? And just because the receptionist took the recieved the payment he took in to the office, does that mean the eviction is stopped now? And what about section 3 of the agreement that says all future rents be paid on the date they are due or the lanlord can move for writ of possetion. Is that null and viod now to?

I just hate to see it keep happening, it's a continual pattern. I told him I think the stipulation is still in effect. But he thinks that he got out of the eviction process again.
ricard83
 
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Joined: Fri Apr 01, 2011 1:16 am

Does anyone know anything about a rental stipulation?

Postby choviohoya » Thu Apr 07, 2011 5:15 pm

You asked this same thing yesterday with another nic. Both repeating questions and using 2 IDs is a TOS violation on this website.

http://answers.yahoo.com/question/index?qid=20110322071338AATCxKL
choviohoya
 
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Joined: Sat Apr 02, 2011 4:45 am

Does anyone know anything about a rental stipulation?

Postby valentino » Thu Apr 07, 2011 5:23 pm

He is wrong. He should expect the sheriff to serve the writ any day now. Your friend did NOT live up to the stip. agreed upon and therefore can be evicted quite quickly.
valentino
 
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Joined: Sat Apr 02, 2011 3:36 am


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