Legal Question in Real Estate Law in Georgia
Consent Judgement vs Prior Lease agreement
My husband cosigned a lease with our son and his
roommate in 8/00. Our son payed his half of the rent
every month. The roommate did not. They were evicted
in 7/01. The roommate and the landlord signed a
''Consent Judgement'' in 8/01, agreeing that the
roommate and His cousin would pay the sum of past due
rent, etc. in specific monthly installments. The
roommate must not be paying that either. My husband
received a letter from a collections agency requesting
the total sum from the landlord. Is this legal ?
Doesn't the ''Consent judgement'' superseed t
2 Answers from Attorneys
Re: Consent Judgement vs Prior Lease agreement
If the judgment is not against your husband and your son, but only against the roommate, then the judgment creditor (presumably the landlord) cannot collect from your husband and your son on that judgment. However, if your husband and son remained on the hook under the lease, the landlord can always file suit against them and attempt to obtain a judgment for unpaid rent, so long as suit is filed within 4 years from the time of default.
The Consent Judgment does not waive landlord's right to seek collection of unpaid rent from your husband and son or any other party to the lease that was not part of the Consent Judgment. Seek the advice of counsel and good luck.
Peter A. Gonzalez
Coral Gables, FL
Re: Consent Judgement vs Prior Lease agreement
The information that you supply leads me to believe that you have not been relieved from responsibility for this obligation. Your credit may be adversely affected. You may want to offer the creditor a nominal amount of money to compromise his claim and avoid negative credit rating.
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