Wednesday 23 July 2014

When a landlord goes to court and files for an eviction against a tenant for non-payment of rent, if the judge finds in favor of the landlor...

Question

When a landlord goes to court and files for an eviction against a tenant for non-payment of rent, if the judge finds in favor of the landlord, does the judge give the tenant the option of paying the rent money that was not paid? If so, and the tenant elects to pay the rent that was not paid, will the tenant no longer face eviction?



Answer

Some judges may suggest that the parties attempt to work out an arrangement before a trial, but if the landlord wants the tenant out and the landlord proves its case, the judge will proceed to enter an order of possession (and potentially a rent judgment). The point is that eviction is a remedy and the judge is obligated to grant the remedy if the landlord proves its case. Unlike mediation where the mediator tries to strike a deal between the parties, if that fails then the law applies.



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