Other Topics: I am being evicted, where can I find someone in my county to help me? Eviction (Unlawful Detainer) Forms Question & Answers Landlord/Tenant (Rental Housing) Links

You are here: More Topics > Landlord/Tenant > Questions & Answers > What happens if a tenant simply needs more time to find alternate housing?

What happens if a tenant simply needs more time to find alternate housing?

Often, a tenant is willing to move out of a property but simply needs more time to find a different place to rent. In this situation, the landlord might consider making an agreement with the tenant that he or she will drop the lawsuit if the tenant meets certain conditions.

To let the court know that this has been done, the landlord can file a "Stipulation for Entry of Judgment" (form UD-115).

To create such an agreement, the two parties must:

• Agree upon the date by which tenant must leave (this can be anywhere from a week to several months).
• Agree upon the terms of the tenant's continued occupancy (the landlord must agree upon the amount of money that the tenant must pay for the additional time he or she is allowed to remain on the property, and when that money is due).
• Agree upon the conditions listed in the "Stipulation for Entry of Judgment" (form UD-115). The case is more likely to settle when the landlord agrees that he or she will dismiss the lawsuit and will not have a judgment entered, as long as the tenant complies with the terms of the settlement by making the required payments and moving out of the property on time. Normally, both sides pay their own costs.

CAUTION: If a judgment is entered against the tenant, and the judgment is not vacated within 60 days of the date the unlawful detainer lawsuit was filed, the eviction may be reported to the UD Registry. Landlords may check with the UD Registry when they are screening applicants for rental units, and some landlords will not rent to applicants who have one or more unlawful detainer judgments on their record. So it is a good idea for a tenant to negotiate with the landlord for a dismissal rather than a judgment. But a tenant should make sure that any agreement that he or she makes with the landlord is something that the tenant can actually perform because if the tenant is late with the required payment or fails to move out of the property on time, then the landlord may immediately obtain a judgment by filing the stipulation along with a sworn declaration that the tenant violated the terms of the stipulation.

It is not necessary to solve the questions of the amount of back rent or other damages that the tenant owes at the time a stipulation is filed. These issues can be solved at a later date or, if necessary, in a separate legal action.

<< back

Self-Help Home | Ask the Law Librarian | Q&A
Links | Need Legal Help? | Site Map

Last modified: 03/17/2008

About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility