II. Nothing in this section shall be construed to prohibit the parties in a case of nonpayment of rent from agreeing that, in spite of judgment for the plaintiff, a writ of possession shall not be issued, if the defendant makes payments in accordance with a schedule designated in the agreement. The agreement may incorporate the arrearage, future rent due, court costs, and service fees. The agreement shall be filed with the court and shall state the date when final payment of the arrearage, court costs, and service fees are due. Entering into such an agreement shall waive the defendant's right to appeal.
(a) Every such agreement shall conspicuously state in a separate paragraph at the end of the agreement the following language:
I, TENANT/DEFENDANT IN THIS ACTION, UNDERSTAND THAT IF I FAIL TO MAKE ANY OF THE PAYMENTS CALLED FOR IN THIS AGREEMENT ON TIME, THE COURT MAY ORDER THE SHERIFF TO EVICT ME WITHOUT A HEARING. I ALSO UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHT TO FILE ANY APPEAL IN THIS CASE.
(b) If the plaintiff has not filed an affidavit of non-compliance within 14 days of the date that the final payment under the agreement established under this paragraph is due, the court shall dismiss the action.
(c) The acceptance of any payment pursuant to such an agreement shall not establish a new tenancy.
(d) If payments are not made when due, as evidenced by an affidavit of non-compliance filed with the court by the plaintiff and served in hand or at the abode of the defendant before the affidavit is filed with the court, the court shall issue a writ of possession, within 5 business days of the filing of the affidavit with the court, and without further hearing or judicial review.