What is a Stipulated Judgment?
- In an eviction action, there are different types of judgments: default judgment, stipulated judgment, and judgment by the court.
- What is a stipulated judgment?
- In a stipulated judgment, both sides are in agreement.
- Both the landlord and the tenant agree about the amounts owed and that the landlord has the right to recover possession of the rental property.
- The landlord’s right to recover possession of the rental property means that the landlord, not the tenant, now has the right to the rental property.
- As the tenant, you can agree to everything the landlord is claiming or you can agree to make changes.
- Are there any requirements for a stipulated judgment?
- Yes, Rule 13(b)(4) of the Rules of Procedure in Eviction Actions require specific warning language to be included on all stipulated judgments.
- Make sure that you read all the documents and understand what it says before you sign the stipulated judgment.
- It is not easy to back out of a stipulated judgment if you change your mind.
- If you do not agree to the terms of the stipulated judgment, the judge will decide the case.
- If you do not come to the hearing, the judge may sign a default judgment against you.
- A default judgment means a judgment is signed, in your absence, without you being able to defend yourself.
- The consequences of all judgments are the same, whether it is a stipulated judgment, a default judgment, or a judgment by the court.
- The judgment will indicate how much you owe and by what date you need to move out.
- In most cases, the judgment will say you must move out in 5 days if you are ordered evicted.
- That does not give you much time but that is what the law says and the judge cannot change that time without the landlord agreeing to it.
- The judgment will include past due rent, late fees, and other fees included in the lease, unpaid utilities, court costs, and attorney fees.
- The landlord may be entitled to other damages if they are proven and included in the complaint.
- Once the judge signs the judgment, it will appear on your court record and rental history and it may affect your ability to find housing in the future.
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