Stipulation to pay rent to avoid eviction

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EXAMPLE STIPULATION TO PAY RENT ON AGREED TERMS AND AVOID EVICTION USED IN THE STATE OF FLORIDA.

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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:

1. The defendant acknowledges the sum of $________ to be due and owing to the plaintiffs.

2. 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:

$ ______due on _________________ 

$ ______due on _________________ 

$ ______due on _________________

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.

3. 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.

4. 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

 

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