Settlement stipulations Clause Samples

Settlement stipulations. 1. Stipulations generally. Stipulations are enforced in the same manner as other contracts. Federal Home Loan Mortgage Corp. ▇. ▇▇▇▇▇, 602 So. 2d 983 (Fla. 3d DCA 1992). Unconscionable and repugnant contracts, i.e., “stipulations” may remain unenforced, Krez v. Sun Bank/South Florida, N.A., 608 So. 2d 892 (Fla. 4th DCA 1992). 2. Landlord/tenant stipulations. The courts may properly refuse to enforce unconscionable provisions of rental agreement. § 83.45, Fla. Stat., and some judges have required the 3-day notice to be included in pay-and-stay stipulations. Legakis v. Loumpos, 40 So.3d 901 (Fla. 2 DCA 2010) held that where settlement provided that landlord would repair air conditioning unit, Court could not award tenant costs without committing such funds to repair. 3. Knowing waiver. A tenant may knowingly waive constitutional or statutory rights to which he or she is entitled, provided no public policy is violated. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, 22 So. 2d 263 (Fla. 1945); ▇▇▇▇▇▇▇▇▇▇ v. Board of Public Instruction of St. ▇▇▇▇▇ County, 112 So. 253 (Fla. 1927).