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  1. #1
    Join Date
    Sep 2016
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    Default Settling an Eviction Case With a Tenant

    A tenant was five months behind in her rent by the time a landlord got a court date for her eviction. The tenant has proposed entering into a consent order that will allow her to make periodic payments to catch up on her rent, while she stays in the premises and continues her tenancy. How can the landlord be certain that the tenant will pay if he offers the tenant this deal?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Settling an Eviction Case With a Tenant

    Any settlement that simply substitutes a money judgment for a rent debt, while ending the ability of the landlord to get an order of possession, will simply substitute one debt for another. While a landlord has more tools with which to collect a money judgment, at the end of the day if the tenant lacks the funds to pay the judgment the landlord won't be paid. Three, four, five months from now the landlord could find himself back in court with a new eviction order, and with far more rent owed, and then get hit with a notice that the tenant has declared bankruptcy, or learn that she has disappeared with no intent (and perhaps no ability) to pay him another cent.

    If the landlord were to offer a deal, it should either be that the tenant pay the rent in full (with a verified form of payment -- cash, money order, certified check) on or by the date the court would enter an order of eviction, or a stipulated order (reviewed and approved by the landlord's lawyer, lest a mistake render the judgment unenforceable) that if the rent is not paid in full by an agreed date the landlord can return to court to get an order of possession.

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