Not all unlawful detainer cases should go to trial. Often times, on the day of trial, the parties decide that it makes sense to settle their disputes. For example, a tenant may be wiling to deliver possession of the premises in exchange for the landlord’s payment to the tenant of relocation assistance funds. In those circumstances, the landlord will typically ask for a stipulated judgment in the event the tenant fails to vacate the premises in a timely manner.
Typically, these stipulated judgments are held by the attorney for the landlord and only actually become a judgment in the event the tenant fails to vacate the premises in a timely manner. In other words, the stipulated judgment acts as an insurance policy to protect the landlord from a situation where the tenant agrees to move out in exchange for the landlord’s payment of certain funds or forgiveness of rent but fails to actually move out. There is nothing to fear with a stipulated judgment provided it is not filed with the court and the tenant complies with the terms of the settlement agreement. When we represent tenants, we typically require opposing counsel to provide us with at least 24 hours notice before they file a stipulated judgment. We ask for this 24 hours notice so that the tenant is not blindsided with a stipulated judgment and so that we can resolve any dispute regarding the obligations of the settlement in front of the judge.
For help with your unlawful detainer matter, contact Schorr Law’s Los Angeles unlawful detainer attorneys at www.schorr-law.com, info@schorr-law.c, 310-954-1877 or by filling out the contact form on this page.