A stipulation is a formal agreement made between opposing parties in a legal proceeding, often used in eviction cases to outline specific terms for settlement. Instead of proceeding to a final judgment, the landlord and tenant agree upon conditions such as payment plans, move-out dates, or repairs, which are then filed with the court and signed by the judge.
How It Applies to Florida Landlords
In Florida eviction proceedings, a stipulation is frequently used to pause an active eviction if the tenant agrees to pay arrears by a certain date. If the tenant fails to meet the agreed-upon terms, the landlord can typically file an affidavit of non-compliance to obtain a writ of possession immediately, bypassing further hearings. This process saves landlords time and legal fees while providing tenants one last chance to cure a default.
Key Takeaways
- Stays the eviction process if the tenant complies with the payment plan.
- Provides an enforceable court order that carries the weight of a judgment.
- Allows for a 'final judgment of possession' to be held in reserve.
- Requires careful drafting to ensure all specific terms of default are included.