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Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
The UD-115 Stipulation for Entry of Judgment form comes into play during the eviction process, specifically when both parties—the landlord and the tenant—agree on the terms of judgment rather than proceeding to a full trial. This form is used after the parties have negotiated terms that resolve the disputed issues, like possession of the property, unpaid rent, or other lease-related items.
- It typically follows a notice to pay rent or quit (such as a 3-Day Notice) when the tenant has failed to comply.
- The landlord may need to file an Unlawful Detainer Complaint (form UD-100) if the tenant does not vacate or pay after receipt of notice.
- The need for this form might be triggered if a tenant wants to avoid a court judgment and lockout, and the parties agree on the terms.
Once both parties agree on the terms, the UD-115 ensures these terms are legally binding. Parties should be aware of their rights, including the option to have legal representation during this process, to mitigate the risk of future defaults or complications.
1. Identify the Parties: Ensure the form clearly lists the names of both the plaintiff and defendant involved in the unlawful detainer case.
2. Complete the Form: Fill out all required sections, including any specific terms agreed upon by both parties, such as payment arrangements or possession of premises.
3. Sign the Stipulation: All parties, including their attorneys (if applicable), must sign the stipulation form to show mutual consent to the outlined terms.
4. File with the Court: Submit the completed and signed form to the clerk at the Superior Court where the eviction case is being processed.
5. Keep Copies: Obtain filed copies for both parties for your records, ensuring compliance with the agreement and future reference.
Deposit Handling
If the deposit is not included in the awards under item 2g, ensure you address its return or documentation in item 3. If the deposit was not mentioned earlier, make sure you follow up correctly here; otherwise, you might run into issues with the timing and method of its return.
Immediate Writ
A writ of possession allows the landlord to reclaim possession of the premises. Be clear that although it will issue immediately, no lockout will occur before the specified date. Make sure the date provides sufficient time for any planned move-out or compliance.
Interest on Default
If you agree to installment payments, pay close attention to the grace period for late payments. If the payment is late by the specified days, the entire balance becomes due with added interest. Discuss this clearly to avoid future disputes about payment terms.
Right to Counsel
Remember that both parties have the right to have an attorney present and to receive notice of a court hearing in case of default. Skipping legal counsel might lead to misunderstanding or misinterpretation of the stipulation terms.
1
Wait for confirmation from the court that your Stipulation for Entry of Judgment has been accepted and filed properly. This may typically come in the form of a notice from the court clerk.
2
If the stipulation involves installment payments, ensure you comply with the payment plan as outlined in the agreement. Make timely payments to the plaintiff to avoid triggering any penalties or immediate demands for full payment.
3
Monitor the status of possession arrangements. If a writ of possession was issued, coordinate with the necessary parties to ensure that the agreed possession dates are respected.
4
Check for any court notices regarding the dismissal of the case, especially if judgment entry hinges upon default of payment or other conditions outlined in the stipulation.
5
Maintain communication with the other party to ensure compliance with all terms of the stipulation and resolve any potential issues or misunderstandings promptly to avoid court enforcement actions.
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
