If we receive a response from the tenant that indicates the tenant wants to make a payment plan with the landlord to preserve the tenancy, we confer with the landlord about this option. If the tenant’s proposal is reasonable and feasible and the landlord approves, we prepare a document (Stipulation) that sets forth the payment provisions and allows the landlord to accept partial payments without jeopardizing his ability to continue with the eviction if the tenant defaults. We usually fax the Stipulation to the landlord and ask him to obtain the tenant’s signature. The payments will then be made directly to the landlord generally only by guaranteed funds.
The Stipulation provides that the landlord may continue with the eviction process without further notice to the tenant if the tenant fails to make any of the payments called for in the agreement. The landlord is not required to serve a new notice and the landlord can keep any money that the tenant has paid.
Once a stipulation is signed, our office does not monitor the payments by the tenants but asks that the landlord do so, as they are receiving the actual payments. If a payment is not timely made, our clients can call or email our office with the information on the missed payment, and we will then prepare a judgment for the outstanding balance and for the writ of restitution.
Please note that, with a stipulation, the landlord is entitled to a money judgment even if the tenant was originally served by alternative service.
The costs of the stipulation are included in the payments that the tenant is required to make to comply with the terms of the stipulation.