Legal help on Stipulation Agreements

1 Reply

I have been managing rentals in Newark for 5+ years. Recently, when I have a tenant that is falling behind and wants to catch up after I take them to court, I have been writing what my lawyer calls a Stipulation Agreement.

My problem is that my lawyer tells me that in order to enforce them, we need to file within 30 days of the first breach of the Agreement.

But often, especially when dealing with tenants trying to catch up, they slip a little from their plan. So if I have a tenant that is paying $400 per week to catch up and does so for 6 weeks, but then misses week 7, I would like to be able to cut them some slack and allow them to finish catching up. but if they then pay weeks 8 through 12 and subsequently stop paying altogether, I can't enforce that Stipulation Agreement because it is more than 30 days from the first breach?

Does anyone know of a way to write these Agreements so that I can waive the enforcement of some payments without losing the right to enforce the Agreement based on later breaches of the Agreement? 

Don't accept partial payment of the rent. only accept the full rent payment.

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