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Attn: Barrister I have made a resolution with my tenant with…

Attn: BarristerI have made a...
Attn: BarristerI have made a resolution with my tenant with whom I have filed an unlawful detainer for non-payment of rent. The agreement is that she will take on a roommate who is paying all past due rent as well as first and last month and will be added on to the lease.Since this is not pending any action on my tenant (as this would be effective immediately) do I file a Stipulation for Entry of Judgment or can I simply dismiss the case. If a Stipulation, please advise what type to use (Unconditional, etc.)
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Answered in 8 minutes by:
3/3/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,114
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello again,

.

Have you already set a court date for the case to be heard?

.

.

thanks

Barrister

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Customer reply replied 5 months ago
I have already sent in a Request to Set Trial but the Court has not set one as of yet (it's been over a week, but they are backlogged -- Oakland, CA)

Ok, then you have two options... you can either file a request to dismiss the case with the court clerks... or you can simply do nothing at all and the court will eventually just dismiss the case on their own if they do set a court date and no one appears..

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A Stipulation means that the tenant agrees that they are in violation and are agreeing to be evicted.. So I kind of doubt the tenant would agree with that..

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If it were me, I would just not respond and let the case be dismissed and tell the tenant you are going to let it be dismissed and no one has to bother going back to court.

.

.

thanks

Barrister

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Customer reply replied 5 months ago
Thanks much.

You are very welcome. Happy to help any time.

.

.

Have a great evening!

Barrister

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Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 5 months ago
Actually yes. I put some reasonable demands on the prospective tenant in order to negotiate which he has not met. While I’m relieved that I didn’t end up with him as a tenant, I’m wondering if he might be staying at the rental now. Any thing I can start doing to get ahead of the eviction process as relates to him in case it comes down to him claiming residency?The last couple of times I chatted with you I was going to leave a “tip” for you but nothing appeared on any screen to do so. Have they done away with this?

Any thing I can start doing to get ahead of the eviction process as relates to him in case it comes down to him claiming residency?

.

Unfortunately no, if he has moved in and is living there, then he is either your tenant if he signed a lease, or he is your tenant's subtenant and if she hasn't complied with the agreement you are back to square one with having to give her a new updated notice to pay or vacate and then evicting through the courts.

.

But if the tenant hasn't complied with the agreement, an the case hasn't been dismissed against them, then I might just see if you can resume it and continue on with the current case to throw her out..

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As for any bonus, I think that option only shows up after my service has been rated on the question..

.

.

thanks

Barrister

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Hello again,

.

Please take a moment to rate my service as that is the only way I am compensated for my work.

.

.

Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,114
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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Thank you very much for the positive rating and very generous bonus, it is greatly appreciated!

.

.

Have a great afternoon!

Barrister

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