Confession of judgment

[elena77]

What is the name of your state? Pennsylvania

Can someone explain to me what exactly "Confession of judgment" means on the lease?

 

[BL]

Confession of Judgment
Some leases may contain a confession of judgment clause, under which a tenant agrees, by signing the lease, to allow any attorney, including the landlord's attorney, to represent him and to confess judgment or essentially "plead guilty" for the tenant. Having pleaded "guilty," the tenant will be responsible for whatever judgment is handed down. WHILE YOUR LEASE MIGHT CONTAIN SUCH A CLAUSE, GENERALLY CONFESSION OF JUDGMENT CLAUSES ARE NO LONGER LEGALLY ENFORCEABLE IN RESIDENTIAL LEASES IN PENNSYLVANIA.

 

[Cvillecpm]

It would be interesting to see your lease format - if it is a do-it-yourself lease from a word processor or a preprinted form.

i have not seen a lease with a confession of judgement clause in 20 years. They are unlawful in most states I believe.

 

[Alaska landlord]

Confession of Judgmen WHILE YOUR LEASE MIGHT CONTAIN SUCH A CLAUSE, GENERALLY CONFESSION OF JUDGMENT CLAUSES ARE NO LONGER LEGALLY ENFORCEABLE IN RESIDENTIAL LEASES IN PENNSYLVANIA.

The key word here is GENERALLY

They are still legal in PA though not typically enforced.

 

[Alaska landlord]

Best thing to do is avoid any lease with acceleration or a confession of Judgment.

P.S. Bl, we don't necessarily disagree only that there is a very small margin of a Judge upholding it.

 

[BL]

Best thing to do is avoid any lease with acceleration or a confession of Judgment.

P.S. Bl, we don't necessarily disagree only that there is a very small margin of a Judge upholding it.

I'm not the one that wrote it .

Google is your best Friend .

Usually though , if a lease contains language or clauses that go against State Laws , they are unenforceable .

If a LL could pull that stunt , some would be taking tenants money right and left making a bundle .

 

[Cvillecpm]

"Usually though , if a lease contains language or clauses that go against State Laws , they are unenforceable."


.....actually the clause may be unenforcable and the remaining lease terms are OK.

 

[elena77]

how can I find out for sure if they are still enforcable in PA?

The lease itself is not a do-it-yourself lease from a word processor. And the company been around for many years, it's not a private landlord

 

[BL]

how can I find out for sure if they are still enforcable in PA?

The lease itself is not a do-it-yourself lease from a word processor. And the company been around for many years, it's not a private landlord

Perhaps try inquiring to your local OAG , or try emailing a few local Landlord/tenant , or real estate attorneys , and ask the to reply to that question , as a courtesy .

 

[elena77]

excuse my ignorance but what is OAG?

 

[elena77]

also could anyone tell me if I sign the lease with confession of judgement on it, will it be possible for my landlord to sue me in court without notifying me or without me being present?

 

[Cvillecpm]

"....will it be possible for my landlord to sue me in court without notifying me or without me being present?"

Most US court systems are now online. When I file lawsuits the court clerk keys in the plaintiff/defendant information and it appears immediately on the public court website...you can ALWAYS find this website and check it periodically if you are really concerned.

Make sure you keep the terms of your lease including paying your rent on time and when/if you leave, provide your forwarding address.

Most "default" judgements have a period of time where the default defendant can file an appeal....this would be the time when you would say you were not served and ask for a new hearing or trial.