Q. After a tenant signs a consent judgment with a pay schedule I'm lead to believe that there can not be any payments from the tenant unless it is according with the consent agreement. Is this true?
Further, if a tenant is late paying on the consent schedule do I have to evict him right away to keep the consent judgment active or can I use it to entice him to make that payment and future payments until the consent agreement schedule is complete?
A. The payments from a tenant on a Consent Judgment do not have to be exact to the dollar amount and date for the judgment to stay in effect. However, if they are not paying in accordance with the agreed payment plan, they will probably not be able to get caught up and continue to make their ongoing rent payments. It is your call, depending on the tenant and property situation, as to whether to file an Affidavit of Default of Consent Judgment in order to receive the Writ of Possession to move them out.