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what happens if you're a landlord you take a tenant to court for delinquent rent the renter agrees to a payment plan in court to get caught up but never makes the payments under the plan well that's the topic of this video hello again i'm attorney robert flushes i recently received a comment from a viewer who went to court entered into an agreement with a tenant to make installment payments but the tenant defaulted on the payment plan the viewer said that the tenant doesn't want to vacate and can only pay a certain amount towards the arrears that are different than the payment amounts that were agreed to the viewer asks when they go back to court will the judge give the tenant an another chance for payment or authorize an eviction good question but first if you find my videos helpful please consider subscribing to my channel I'm building an archive of valuable legal videos on my channel if you want to comment please make sure that you tell me the state you're from and make your comments brief and to the point I answer viewer comments but remember my answers and videos are not meant to be legal advice my videos are intended to educate you on legal issues with your comments my answers and these videos were building a community education forum if you post a good question I may make a video based upon that question well let's get to the topic of this video remember that every jurisdiction has different eviction statutes and courts have different ways to handle evictions when both the landlord and tenant appear at the first hearing you should always check your local statutes and court rules I'm going to speak in general terms here to answer this viewers question when a landlord files an eviction they're looking to remove the tenant from the premises or they'll work out a payment agree with a tenant in court so that the tenant can get caught up the question becomes though when the parties appeared in court was the agreement reduced to writing well it should be a court agreement is usually referred to as a stipulation between the parties just like a lease the parties are making a promise to each other when working on a payment agreement with a tenant the landlord promises not to evict the tenant and exchange the tenant promising to make the installment payments I don't know if this viewer entered into an agreement like that because they never said that and they're common but here's how you properly make an agreement that should withstand scrutiny put the caption of the case at the top of the agreement then write down the agreement in detail the agreement needs to state that the landlord will agree to not evict the tenant if the tenant makes installment payments to the landlord but that's not all you need to state the amount of each payment and the...