Agreements with your landlord may result in a consent judgment, which cannot be appealed. Failure to appear in court can lead to a default judgment in favor of the landlord. A judgment in favor of the landlord can entail monetary obligations or eviction, while a judgment in favor of the tenant allows them to remain in the property.
motenanthelpLast updated 06/22/2023
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If you do reach an agreement with your landlord, and your agreement is going to be filed with the court, you will probably be signing a consent judgment. The agreement should state what you and the landlord agree to do. Please note: You cannot appeal a consent judgment.
If you do not show up in court on your court date and you have received service of the summons (by mail, posting or personal service), the landlord automatically wins a default judgment. A default judgment usually gives the landlord whatever the landlord requested in the complaint. The landlord may win the right to collect money from you for back rent or damages, the right to evict you, or both.
Judgment in favor of the plaintiff (Landlord)
A judgment in favor of the landlord may be for money, possession of the home, or both. A money judgment gives the landlord the right to collect money from the tenant. A judgment for possession returns to the landlord the right to possess the home. If the judge decides to give the landlord possession, you must move out of the home on the date stated in the decision. If no date is given in the judgment, you must move out once the judgment becomes final, usually 10 calendar days after the date of the judgment. If you do not move out, then the landlord can request that the sheriff remove you and your belongings from your home.
Judgment in favor of the defendant (Tenant)
A judgment in favor of the tenant may be for money, possession of the home, or both. When the judge decides in favor of the defendant, then you win. You will not have to move out.