House & Apartment

Settlement occurs when the parties to a lawsuit reach an agreement on how to resolve the issues without a judge or jury deciding for them.

The legal issues in an eviction case are whether the judge will enter:

• An eviction order giving the housing provider possession of the unit, and
• If the case is a "joint action" for possession and overdue rent, a money judgment. An official decision by a court that ends the dispute between parties

This means that, to settle To resolve a case before finishing a trial an eviction case, the parties must agree on who will have possession of the unit. The agreement may be that the person living there will stay or move. If the landlord An owner of property who rents it out to a tenant sought a money judgment in the eviction case, the parties may also have to agree on whether the tenant A person who rents a space owes money and, if so, how much and when it will be paid.

Settlements can be reached by:

• Direct discussion between the housing provider and the person at risk of eviction,
• Negotiation through lawyers or advocates, or
• Mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement with a neutral third person.

To learn about the eviction process, read How eviction cases work.

Start preparing to settle To resolve a case before finishing a trial an eviction A court case brought by a landlord to get a tenant to move out case by choosing which outcome matters most. Common priorities include:

• Moving out on a specific date,
• Staying in the home and paying what is owed,
• Ending the case without a payment plan, or
• Dismissing and sealing When a criminal record is hidden from most of the general public, but not law enforcement the case if allowed by law.

Write down goals and supporting reasons. For example, moving out on a specific date might be important for:

• A person at risk of eviction who has another place to live starting that day, or
• A housing provider who needs to close a property sale.

Try to come up with a best-case scenario and an acceptable alternative. If there is an outcome that is particularly undesirable, write that down as well, along with the explanation for why.

Options for settlement can change depending on how far the case has moved forward. Make notes about whether a goal will change if:

• A trial When the issues of a case are heard in court and decided by a judge or jury is set,
• The judge enters an eviction order, or
• An enforcement date (sheriff’s A county officer who can serve people with summons. They can evict someone with a court order. eviction) is scheduled.

Make two separate lists:

• What is claimed in the court case, and
• Any issues related to the housing situation that are not part of the court case.

The judge can only decide the legal claims raised in the court case. Other conflicts between the tenant A person who rents a space and the housing provider:

• May impact how the parties interact with each other, and
• Can come up during negotiation or mediation. When a neutral person, called a mediator, works to help the parties in a case reach an agreement

Work on listing the court case claims first. Start by identifying the reasons for the potential eviction A court case brought by a landlord to get a tenant to move out listed in the court papers. This includes the Eviction Complaint A written statement to start a lawsuit that says what the defendant did and supporting documents. Look for claims about:

• Unpaid rent (learn about Dealing with unpaid rent),
• Lease violations or criminal activity (learn about Addressing lease violations),
• Staying after the lease ended (learn about Ending a lease), or
• Living in the property without a legal right to do so (learn about Trespassers and squatters).

Add this information to the list of what is claimed in the court case.

Next, review any papers filed by a defendant The person or organization being sued in a lawsuit in the case. There may not be any. Defendants are not required to file an answer A written statement used to respond to the complaint or petition in a lawsuit or affirmative defenses unless the judge orders them to do so. However, they may choose to file these papers or file another type of paper, such as a motion A request to the judge to make the court or a party in the case do something to dismiss or counterclaim. A claim in a court case brought by the responding side (defendant). It is against the side who started the case (plaintiff).  

If a defendant has filed papers in the court case, write down their points.

Next, fill out the list of other issues. Write down anything that may be impacting the situation, such as:

• Personal relationships,
• Conflicts related to the property, such as maintenance Money the court orders one spouse to pay the other spouse after their divorce (formerly called alimony) or repair disputes, and
• Factors outside the parties' control that may influence decisions, such as when a school year ends.

Finally, if there is any evidence Anything used to show that something is true related to either list of issues, like photos, videos, or text messages, gather it now. Make notes next to the items that the evidence supports.

Resolving eviction cases usually includes three steps:

• The housing provider and the person at risk of eviction agree on the terms,
• The parties write down their agreement on an agreed order An agreement between two sides in a lawsuit that says what both sides will do form, and
• The parties ask the judge to enter the order.

Look at the three types of statewide agreed order forms:

• Agreed Settlement Order with Status Date (Defendants Will Move),
• Agreed Settlement Order with Status Date (Defendants Will Pay & Stay), and
• Agreed Dismissal Order (Case May Be Reinstated if Defendants Violate Agreement.

Use the notes about goals (step 2) to determine which forms to use for the best-choice scenario and acceptable alternative. In many situations, this may be two different ways of filling out the same form. Try filling out the forms for the potential agreement to make sure there is room for all the important details. 

The forms have instructions written on them. For more on how these forms work, read the accompanying guide, How to Use Different Types of Agreed Orders in Eviction Cases.

Next, use the notes about the issues raised in the eviction case and other problems that are not part of the lawsuit (step 3) to:

• Make sure that the agreed order forms for the best-choice scenario and the alternative option can be used to address all legal issues in the case, and
• Look for ways those forms might help with resolving other problems.

For example, if the goal is to move out on a particular date, and the parties have had disagreements about repairs, consider what could be written down in the “Other agreed terms” section in paragraph 8 of the Agreed Settlement Order with Status Date (Defendants Will Move). Write down a draft of what this could look like.

Some eviction A court case brought by a landlord to get a tenant to move out settlement discussions begin with communicating a specific offer. When making an offer:

• Include all the details that are important, including what happens with possession and any money owed,
• Explain when the offer expires, and
• Decide where there is room for negotiation if the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. wants to make changes.

Sometimes, an offer will lead to a bigger conversation. The parties may also skip the offer process and focus on scheduling a meeting or mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement session to work through issues jointly.

To prepare for a discussion or mediation, gather:

• A list of goals and supporting reasons (step 2),
• Notes about what is at issue in the eviction case and any other problems between the parties (step 3),
• Suggested agreed orders and suggested terms (step 4),
• Copies of the court papers,
• Supporting evidence, Anything used to show that something is true such as photos, videos, and text messages, and
• A place to write down notes and ideas.

The conversation does not have to be finished in one meeting. The parties can choose to meet again or let the judge move the case forward. This may be the best outcome of a discussion if a party:

• Did not prepare to negotiate,
• Insists on unreasonable terms, or
• Cannot have a calm, respectful conversation about the issues.

If agreement is reached, use the appropriate agreed order An agreement between two sides in a lawsuit that says what both sides will do form to write it down. Review the proposed order carefully. Pay close attention to any consequences written down for what happens if the agreement is not followed. 

Do not agree to anything unless:

• The meaning of every term is clear, and
• The plan is realistic.

The agreement must be submitted to the judge. The judge can decide whether to accept the agreement as written, make changes, and enter the order. Once the judge signs an order, it becomes binding on the parties. This means that the parties have to follow the order unless they go back to the judge to ask for changes.

If a judge enters the agreed order, keep a copy. Refer to the order as needed when planning next steps.